SECTION 10: PREFACE

10.1.0 SUNY Canton Campus Creed

Last Update:

Membership in the SUNY Canton Community carries with it certain rights and responsibilities. We strive to adhere to the following standards of ethical and moral conduct.

We commit to act with honesty in all academic and non-academic endeavors.

We commit to be respectful to others, their opinions, and ideas to promote a more diverse and accepting campus culture.

We commit to assume responsibility for our actions, recognizing that consequences that may arise.

We commit to act with fairness in our interactions with others.

We commit to demonstrate citizenship through active participation in our community and beyond.

We commit to care about others in our community in a manner consistent with how we would like to be treated.

February 6, 2004

10.2.0 Student Handbook Disclaimer

Last Update:

Notwithstanding anything contained in this Student Handbook, SUNY Canton expressly reserves the right, wherever it deems advisable:

  1. to change or modify its schedule of tuition and fees,
  2. to withdraw, cancel, reschedule or modify any course, program of study, degree or any requirement in connection with the foregoing, and
  3. to change or modify any policy.

Please be advised that, due to publishing deadlines, information in this Student Handbook may be outdated, i.e., changes in regulations, policies or programs. The is the current version of this publication. It is the responsibility of each student to ascertain current information that pertains to the individual’s program, particularly with regard to satisfaction of degree requirements, by consultation with the student’s advisor, the office of the student’s School Dean, the Vice President for Student  Affairs/Dean of Students and other appropriate offices such as the Registrar or Financial Aid. In preparing this Handbook, efforts are made to provide pertinent and accurate information; however, SUNY Canton assumes no responsibility for Handbook errors or omissions.

10.3.0 Non-Discrimination Notice

Last Update:

SUNY Canton does not discriminate based on race, color, national origin, sex, gender identity, disability, age, gender expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction in its education programs, services, and activities, including employment policies and practices.  Employees, students, applicants, or other members of the campus community (including, but not limited to, vendors, visitors, and guests) may not be subjected to harassment that is prohibited by law or treated adversely or retaliated against based upon a protected characteristic.

The University’s policy is in accordance with federal and state laws and regulations prohibiting discrimination and harassment. These laws include the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, Title IX of the Education Amendments of 1972, Title VII of the Civil Rights Act of 1964 as Amended by the Equal Employment Opportunity Act of 1972, and the New York State Human Rights Law. These laws prohibit discrimination and harassment, including sexual harassment and sexual violence.

The following people have been designated to handle all inquiries regarding non-discrimination policies

Affirmative Action, Equity, and Compliance Coordinator/
Director of Human Resources
Joann Ellis
315-386-7325
hr@canton.edu

Title IX Coordinator
Nicodeme Auguste
315-386-7050
title9@canton.edu

Section 504 Officer
Megan Riedl
315-386-7392
ADA@canton.edu

Inquiries may also be directed to:

United States Department of Education
Office for Civil Rights
32 Old Slip 26th Floor
New York, NY 10005-2500
646-428-3800
OCR.NewYork@ed.gov

For descriptions of academic offerings and admissions criteria visit Admissions.

10.4.0 Official College Policies

Last Update:

The Policies & Procedures Manual is the College’s official repository of all campus-wide policies and procedures.  All original policies are housed therein, and the policies and procedures within the Student Handbook are ones that directly impact students. 

SECTION 20: ACADEMICS

20.1.0 Classifications - Student

Last Update:

  • Full-time Student: One who is enrolled for 12 or more semester hours of credit.
  • Part-time Student: One who is enrolled for less than 12 semester hours of credit.
  • Matriculated Student: A student who has made formal application to and has been admitted into the College as a degree- or certificate-seeking candidate.
  • Non-Matriculated Student: A part-time student who has neither made application for nor been admitted into the College as a degree–or certificate-seeking candidate.

20.1.1 Course Selection/Registration

Students are responsible for selecting courses and registering in UCanWeb each semester. The Registrar arranges the class schedule and publishes it, as well as relevant dates related to registration. Students must meet with an advisor to obtain a Registration Code and Time Ticket to schedule classes in UCanWeb. The Advising Center coordinates the advising and registration of new students. Continuing and returning students will work with faculty advisors to determine appropriate selections to meet their program requirements; however, the responsibility for meeting all graduation requirements is that of the student. Students should regularly monitor their DegreeWorks audit to ensure course selection is appropriate and determine progress towards degree completion. Non-matriculated students sign up for courses via the Part Time Non-Degree portal.

Note: Only courses required for a student’s current curriculum will be considered eligible for federal and state financial aid.

20.1.2 Maximum Student Course Load

Nineteen credit hours will constitute a maximum course load for fall, spring, and summer term semesters; seven credit hours is the maximum course load for winter term. Degree students may seek permission for additional hours from the Dean of the School in which the student is enrolled. Non-degree students may seek permission for additional hours for summer term from the Provost’s Office, and for winter term, from the Director of Advising.

20.1.3 Credit Hours

A semester credit hour is granted for satisfactory completion of one, fifty-minute session of classroom instruction per week for a semester of 15 weeks. Semester credit hours are granted for various types of instruction as follows:

  • Lecture: A semester credit hour is granted for satisfactory completion of (15) 50-minute sessions of classroom instruction.
  • Lab/Practicum/Recitation: (45) 50-minute sessions of such activity would also normally earn one semester credit hour.  Where such activity involves substantial outside preparation by the student, the equivalent of at least 15 periods of 100 minutes` duration each will earn one semester credit hour.
  • Independent Study: One credit for independent study will be awarded for the equivalent of (45) 50-minute sessions of student academic activity.

The following credit hour/status designations will be used for all academic purposes:

Status Credits

Freshman

0-29 Credits

Sophomore

30-59 Credits

Junior

60-89 Credits

Senior

90+ Credits

All credit hours must be part of a degree program offered by the College.

20.1.4 Dropping and/or Adding Courses

Students may add and drop courses themselves on UCanWeb  through the third day of classes, at which time no fee will be imposed. Beginning the fourth day of classes each semester, all changes will utilize the  “UCanWeb 9 – Course Change Request” available in UCanWeb under the Registration tab. The request must be approved by the student’s academic advisor and/or academic Dean. Detailed instructions for how to add or withdraw from a course after the semester is in session can be found on the Registrar’s website. 

A $20 course change fee will be added to the student’s account for any changes made after the 3rd day of classes and must be paid at the Student Accounts Office in the One Hop Shop or via the Online Payment Portal.

20.1.5 Auditing Courses

With permission of the instructor, a person may audit any credit course offered by the College. A maximum of two courses may be audited in one semester, unless a waiver is obtained from the Provost. An individual may not audit the same course in two consecutive semesters. The Course Audit Form, must be completed and returned to the Registrar’s Office. Course audits require a registration fee of $50 per course, but are free of charge for those 60 years of age and over. Individuals may not begin auditing a course until the registration process is completed as described on the course audit form. Once the individual has elected to audit a course, one cannot subsequently change the audit to credit. No credit is granted for audited courses. A grade of AU (audited course) will appear on the student transcript; this grade will not be calculated in the student’s GPA. The course auditor will abide by the conditions agreed to by the instructor and auditor as stated on the course audit form. Auditors must adhere to the Student Code of Conduct as published in the Student Handbook and in each course syllabus. Permission to audit may be revoked for disruptive or inappropriate behavior. Campus student services (i.e., Academic Support Services, Counseling, etc.) are not available for course auditors.

20.1.6 Withdrawal From Courses

There will be no academic record of courses dropped during the first 7 days (weekend included) of the semester. Beginning the 8th day of the semester, students may withdraw from credit courses without academic penalty (receiving a grade of “W”) under the following conditions, unless dismissed for deviant academic conduct:

  • In order to maintain the academic integrity of the institution, the academic focus of the students, and adequate student academic progress toward a degree, a matriculated, full-time student may not withdraw from courses below a 12 credit-hour load while a semester is in progress without written approval of the School’s Dean. Students are encouraged to consult with the Offices of Financial Aid and Residence Life to determine the impact of this academic decision before dropping to part-time status.
  • Withdrawal from a course is requested via the Course Change Request available in UCanWeb under the Registration tab. Step by step instructions on how to submit a withdrawal request are available online. The request must be approved by the student’s academic advisor and/or the School Dean. A $20 fee must be paid at the Student Accounts - One Hop Shop.
  • Withdrawal is allowed under the above conditions prior to the last ten class days of the semester. In courses less than a semester in length, withdrawal is allowed prior to completion of 85 percent of the class meetings.
  • Approvals of the advisor and School Dean do not necessarily indicate approval of the action but signify that the student is aware of the academic consequences of course withdrawal.
  • Failure to attend class or merely giving notice to an instructor is not an official withdrawal.
  • A “W” (withdrawn) will be recorded for courses withdrawn from and will not be used in calculating GPA. When all approvals have been completed, the official withdrawal will be confirmed by the student by returning to the course change request outcome page in UCanWeb and submitting requested changes.

Students who receive financial aid are reminded that their aid is based on the number of credit hours they maintain. A loss of aid may occur if a student drops below a certain credit hour level (e.g., from full-time to part-time). Students should consult with the Financial Aid Office prior to any decision to withdraw from courses.

Learners may withdraw from non-credit courses based on the specified requirements of the course and/or training; official notice must be provided to the Center for Workforce, Community & Industry Partnerships by email wcip@canton.edu or by calling the office at (315)386-7504 prior to the start of the course and/or training.

20.1.7 Procedure for Withdrawing from College

Students wishing to withdraw from College must submit a Withdrawal notification through UCanWeb, under the Registration menu. The student is responsible for responding to and understanding any information sent to them during the withdrawal process. Failure to respond constitutes understanding and acceptance of the consequences of withdrawing. The deadline to withdraw from courses is posted on the Academic Calendar.

20.1.7.1 Medical Withdrawal

If a student requests a withdrawal for medical reasons after the official withdrawal period, the request is directed to the Vice President for Student Affairs/Dean of Students.

    • Students must provide substantiating documentation of serious illness or recent trauma and compelling reasons to justify the action. This information will be provided to either the Health Center or Counseling Center. The Vice President for Student Affairs/Dean of Students will confer with the Directors of those departments and with instructors to confirm the need for the medical withdrawal and to eliminate the possibility of receiving incompletes.
    • A college withdrawal form or letter signed by the student or legal guardian must be submitted to the Vice President for Student Affairs/Dean of Students to initiate the process. No medical withdrawals will be considered after the last official day of the semester as designated on the College calendar. Extenuating circumstances beyond the student’s control may warrant an extension beyond the end of the semester.
    • Students wishing to return to the College must meet with the Director of Health Services (medical) or Director of Counseling (mental health) and provide documentation from their health care provider regarding their suitability to return and to determine if any additional accommodations, such as modified living arrangements or additional support services, are required.
    • The Academic Transcript will reflect a grade of “W” to indicate a student has withdrawn. The Vice President for Student Affairs/Dean of Students will forward copies of the conditions of withdrawal to the College Registrar, School Dean’s Office, Admissions, Counseling Center, and Health Services. Re-registration is not guaranteed. Each student must apply for re-admission.

A college withdrawal form or letter signed by the student or legal guardian must be submitted to the Vice President for Student Affairs/Deans of Students to initiate the process. No medical withdrawals will be considered after the last official day of the semester as designated on the College calendar. Extenuating circumstances beyond the student’s control may warrant an extension beyond the end of the semester.

Students wishing to return to the College must meet with the Director of Health Services (medical) or Director of Counseling (mental health) and provide documentation from their health care provider regarding their suitability to return and to determine if any additional accommodations, such as modified living arrangements or additional support services, are required. The academic transcript will reflect a grade of “W” to indicate a student has withdrawn. The Vice President for Student Affairs/Dean of Students will forward copies of the conditions of withdrawal to the College Registrar, School Dean’s Office, Admissions, Counseling Center, and Health Services. Re-registration is not guaranteed. Each student must apply for re-admission.

20.1.7.2 Leave of Absence

Full-time, matriculated students who find that their circumstances will interrupt their course of study at SUNY Canton but wish to return to the College within one year, may apply for a Leave of Absence. A leave of absence preserves admitted status in the student’s current degree program at the time leave begins. This means that the Catalog Year (the academic requirements that are in place when the student leaves) are “frozen” and allows students to continue pursuing the same set of requirements upon return. It also allows students to register without being readmitted and maintains access to SUNY Canton email during their time away.

A leave of absence is normally granted for a maximum of 2 consecutive semesters or the total period of active duty for those called to active military service. Students may return to the campus following the leave by contacting their Dean’s Office to select classes. If the leave of absence expires, the student must apply for readmission, and meet any new admission or degree requirements that are in place upon return to the College. A Leave for part of a semester counts as one semester. Students can apply for a Leave of Absence via their UCanWeb account under the Miscellaneous Student Requirements tab.

To be considered for a leave of absence, students MUST meet the following eligibility criteria:

      • Be a full-time, matriculated student.
      • Have a SUNY Canton cumulative GPA of 2.0 or greater at the end of the student’s last semester.
      • One or more semesters must have been completed at SUNY Canton.
      • Have good student conduct standing.

Permission of the Program Director is required for students in select programs. Programs needing specific approval include:

      • Nursing – AAS
      • Dual Degree Nursing Program (DDNP)
      • Veterinary Technology – BS
      • Veterinary Science Technology – AAS
      • Physical Therapist Assistant – AAS
      • Practical Nursing

20.1.7.3 Suspension or Dismissal of a Student for Non-Academic Reasons

While rare, students can be required to take a leave of absence when (a) there is a significant risk to the student’s health or safety or that causes a significant risk to the health or safety of others in the campus community, or (b) if the student’s behavior severely disrupts the college environment; AND there is no other reasonable accommodation that can adequately reduce that risk or disruption.

Consistent with SUNY’s Nondiscrimination Policy, SUNY Canton prohibits unlawful discrimination on the basis of any type of disability or any other characteristic protected by applicable Federal and/or State law in the administration of programs and activities.

    1. POLICY
      SUNY Canton offers a range of resources, support services, and accommodations to address the physical and mental health needs of students. However, on rare occasions, a student’s needs may require a level of care that exceeds the care that the College can appropriately provide. Where current knowledge about the individual’s medical condition and/or the best available objective evidence indicates that a student poses a significant risk to their own safety not based on mere speculation, stereotypes, or generalizations, or the health and safety of others in the campus community, or where a student’s behavior severely disrupts the College environment and the student does not take a voluntary leave of absence, the President’s designee has the authority to place a student on an involuntary leave of absence, after appropriate procedural due process has occurred according to this policy.

      The President’s designee may be notified about a student who may meet the criteria for an involuntary leave of absence from a variety of sources, including, but not limited to, the student, the student’s academic advisor, Residence Life staff, an academic department, or a member of the College’s behavioral intervention team. If the President’s designee deems it appropriate, the procedures under this policy can be initiated.

      Before placing any student on an involuntary leave of absence, the institution will conduct an individualized assessment, consulting with the Student Accessibility Services Office to determine if there are reasonable accommodations that would permit the student to continue to participate in the College environment without taking a leave of absence.
    2. DEFINITIONS
      President’s Designee: Vice President for Student Affairs
    3. OTHER RELATED INFORMATION
      None
    4. PROCEDURES

Process for Placing a Student on an Involuntary Leave of Absence

      1. The President’s designee at the Campus will consult with the Student Accessibility Services Office prior to making a decision to impose an involuntary leave of absence.
      2. The President’s designee will issue a notice to the student in writing that an involuntary leave of absence is under consideration. The written notice will include the reason(s) why the student is being considered for an involuntary leave of absence, contact information for the appropriate office that provides disability or accessibility services on campus to students that can provide information about potential accommodations, and a copy of this policy. This notice must provide clear information about the Student Accessibility Services Office, including location of office, whom to contact, services provided, information about how to request reasonable accommodations and supports, and any other pertinent information deemed necessary. The notice will also provide contact information (including the name and position) for a neutral or impartial advisor outside of the decision-making process under this policy (the “Advisor”), with knowledge of the campus’s involuntary leave of absence process who will serve as a resource to answer any student questions about the process from referral to return to the campus. The Advisor will work with the student throughout the involuntary leave of absence process and any appeals. The Advisor shall be copied on all notices to the student after the student provides consent to have the Advisor as part of their process. In the written notice, the student will be encouraged to respond, and to contact the Advisor before a decision regarding an involuntary leave of absence is made and will be given a specified time period within which to do so. If a student utilizes an Advisor as part of this process, the Advisor cannot speak for the student and all administrative procedural rules apply. The student is responsible for self-advocacy and consults with the Advisor.
      3. To the extent required by applicable law, the President’s designee must consider potential reasonable accommodations and/or modifications that could eliminate the necessity for an involuntary leave of absence. These may include, without limitation, a voluntary leave of absence and/or academic/housing/dining accommodation(s). The campus must document all such considerations, accommodations, and related decisions.
      4. The student may be asked to execute an Exchange of Confidential Information Consent Form providing certain campus personnel with temporary authority to obtain information from the student’s health care provider(s) regarding issues relevant and appropriate to the consideration of an involuntary leave of absence when there is a need for the campus to have access to that information as part of the interactive process and individualized assessment. Any direct communication with a student’s medical provider shall be done through the Davis Health Center, which will relay that information to the designee responsible for assessing all information regarding a potential involuntary leave of absence. Access to these records, if the campus is given authority, shall be limited to personnel directly involved in the deliberation and decision-making process under this policy. Confidential health information received during the leave and return process will be securely stored in the Davis Health Center. If a student refuses to execute this document or to respond within the timeframe set by the President’s designee, the President’s designee may proceed with assessment based on the information in the President’s designee’s possession at that time.
      5. The President’s designee may also confer, as feasible and when appropriate depending upon the matter, with individuals regarding the need for an involuntary leave of absence. Each case may vary, but conferring individuals can include:
        • Representatives from Residence Life;
        • Faculty members;
        • Academic advisors;
        • Department head for programs that lead to professional licensure, as appropriate;
        • Representatives from the Davis Health Center (with appropriate authorization for any providers who have provided services to the student);
        • The student’s treatment provider(s) or other health care professionals (with appropriate authorization for any providers who have provided services to the student);
        • Representatives from the Counseling Center (with appropriate authorization for any providers who have provided services to the student);
        • Member(s) of the CARE Team (behavioral intervention team); and/or
        • Other individuals who may be appropriate in an individual matter.
      6. When evaluating whether an involuntary leave of absence is appropriate, the campus will consider specific criteria, such as:
        • Whether current knowledge about the individual’s medical condition and/or the best available objective evidence indicates that a student poses a significant risk to the health or safety of a member of the campus community;
        • Whether a student is unable or unwilling to carry out substantial self- care obligations and poses a significant risk to their own safety, not based on mere speculation, stereotypes, or generalizations; and/or
        • Whether a student’s behavior severely disrupts the campus environment.
        • The individualized assessment for each factor, based on reasonable judgment that relies on current medical knowledge to the extent that information is available, or the best available objective evidence, should capture:
        • the nature, duration, and severity of the risk or disruption;
        • the probability that the risk or disruption will actually occur; and
        • whether reasonable modifications of policies, practices, or procedures will appropriately mitigate risk or disruption, thereby eliminating the need for an involuntary leave of absence.
      7. The President’s designee for the campus will give significant weight to the opinion of the student’s treatment provider(s) identified by the student (with appropriate authorization) regarding the student’s ability to function academically and safely at the campus with or without reasonable accommodations. If the President’s designee determines that the information provided by the treatment provider(s) is incomplete, requires further explanation or clarification, or is inconsistent with the other information in the student’s record, the President’s designee for the campus (with appropriate authorization) may contact the treatment provider(s) to obtain additional information. In certain circumstances, the campus may request the student to undergo an additional evaluation by an independent and objective professional designated by the campus, if the President’s designee believes it will facilitate a more informed decision. The campus should appropriately document the reasoning for such a decision, if warranted.
      8. Following the President’s designee’ consultations and review of the relevant documentation and information available, the President’s designee shall make a decision regarding whether the student should be placed on an involuntary leave of absence and shall provide written notice of the decision to the student. This written notice of decision shall include information about the student’s right to appeal the decision and information about reasonable accommodations available during the appeal process. The review and notice of decision shall be performed in a reasonable and timely manner.
      9. In emergency situations involving an imminent threat of harm to the student or any other member of the campus community, the President’s designee, in the exercise of his or her reasonable judgment, may require a student to be immediately prohibited from entering the campus or facilities utilized for Campus programs or activities while such individualized assessment and review under this policy is taking place. Such students shall receive written notice to this effect as quickly as possible and/or practicable. While this individualized assessment and review is being conducted, every effort shall be made by the President’s designee to reach a decision within seven (7) calendar days, provided that the student responds in a timely manner to requests for information, and if appropriate, evaluation. If there are delays, the campus shall document the reason for such delays in writing.

Decisions on Involuntary Leaves of Absence

      1. If an Involuntary Leave of Absence is Imposed: The written notice of any decision concerning the student shall set forth the basis for the decision; a timeframe for when the student must leave the campus; the student’s right to appeal the decision; and information about reasonable accommodations available during the appeal process. This notice shall also set forth when the student may be eligible to return to the campus and the conditions and/or requirements the student will need to satisfy to be eligible for return. This written notice shall also inform the student of their right to reasonable accommodations in the return process and will provide contact information for the appropriate office at the campus that provides disability or accessibility services for students requiring reasonable accommodations. The length of the student’s leave will be determined on an individualized basis. The student’s appointed advisor shall be copied on all notices concerning all decisions related to the student if the student so designates and consents.
      2. If An Involuntary Leave of Absence is Not Imposed: The President’s designee may impose conditions and/or requirements under which the student is allowed to remain at the campus using the least restrictive appropriate means possible.

Appeals

      1. Within seven (7) calendar days of receiving the written notice of a decision from the President’s designee, the student may submit an appeal of the decision in writing to the appropriate President’s designee for appeals under this policy. The appeal shall be heard by a three (3) person Board of Appeals. The decisionmaker who imposes an involuntary leave of absence shall not hear appeals or render decisions on appeals. The individuals chosen to oversee appeals cannot have been involved in the original decision-making process. The written request for appeal must specify the particular substantive and/or procedural basis for the appeal and must be made on grounds other than general dissatisfaction with the decision of the President’s designee. While the appeal is pending and being heard by the Board of Appeals, the original decision will remain in place. All appeals decisions will be issued within seven (7) calendar days of submission.
      2. The criteria for appeal will be limited to the following:
        • Disproportionate Findings or New Information: if there is any information not previously considered that would allow the student to remain with a reasonable accommodation or if there is any new information not previously available to the student that may change the outcome of the decision-making process;
        • Procedural irregularities: if there were any procedural irregularities that materially affected the outcome of the matter to the detriment of the student who appealed the decision.
      3. After reviewing the matter fully, the Board of Appeals will issue a written decision affirming, modifying, or reversing the decision to place the student on an involuntary leave of absence. The Board of Appeals’ decision shall be final, and no other appeals or grievance procedures are available at the campus level.

Implications of an Involuntary Leave of Absence

      1. Student status: Students on a leave of absence generally retain their admitted student status during the period of the student’s leave based on the campus’s local policies; however, they are not registered and therefore, do not have the rights and privileges of registered students.
      2. Housing: Consistent with the campus policies and procedures, students assigned to a campus residence hall are subject to the terms and conditions of the Housing License. Students who leave the campus before the end of a term may be eligible to receive refunds of portions of their housing charges, per SUNY Policy.
      3. Effective date(s) of leave: A student must leave the campus within the timeframe set forth by the President’s designee or Board of Appeals, as applicable, in the decision to impose an involuntary leave of absence. The leave will remain in effect until:
        • The President’s designee has determined after an individualized assessment the parameters of which shall be set forth in the written decision of the President’s designee or the Board of Appeals, as applicable, that the student is able to return to the campus with or without reasonable accommodations, and
        • The student has complied with any campus requirements applicable to all students returning from a leave and all conditions mandated by the President’s designee or Board of Appeals, as applicable.

          Students are not permitted to return mid-semester if placed on a leave of absence. SUNY Canton clearly identifies and states deadlines for all requests to return on the campus’ webpage, which will align with the start of each academic term per year. This includes short, sprint, and late start sessions within the semester. This also includes online, arranged classes, and internships.
      4. Notification: At any time while the student is on leave, the President’s designee may notify a student’s parent, guardian, emergency contact, or other individual, consistent with the law, if notification is deemed appropriate under the circumstances.
      5. Association with the campus while on leave: Unless expressly permitted by the President’s designee in writing, or Board of Appeals, as applicable, students on an involuntary leave of absence are not permitted to be present at the campus and are not permitted to engage in any campus-related activities, including on-campus and/or remote employment opportunities.
      6. Coursework taken while on leave: Consistent with the campus’s policies and procedures, academic credit for work done elsewhere may be allowed toward a Campus degree.

        However, students must consult with the Registrar’s Office and/or their academic Dean’s Office prior to taking any coursework while on an involuntary leave of absence.

        Students should consult with their department chair or program coordinator when taking coursework at another institution while on leave.
      7. Access to Student Accounts while on leave: Unless expressly prohibited in writing by the President’s designee, students on leave generally may retain their student ID privileges, which will be explicitly defined per campus policy, including their campus email account.
      8. Tuition and Fees: Consistent with SUNY’s and the campus’s local policies and procedures, students who leave the campus before the end of a term may be eligible to receive refunds of portions of their tuition. See the SUNY Tuition Refunds Policy for a schedule of refunds.
      9. Financial Aid: The College shall provide information on any effect an involuntary leave of absence decision may have on that student’s financial aid.
      10. Meal Plan: The College shall provide information on what refunds may be available on meal plans within the context of this policy.
      11. Visa Status: International students (F-1 and J-1 Visa holders) placed on an involuntary leave of absence must speak with International Office regarding their Visa status and the effect an involuntary leave of absence may have on that status.

Request for Return

      1. In addition to the general requirements all students must meet when returning to the Campus after a leave of absence, as well as any conditions imposed by the President’s designee or Board of Appeals, as applicable, for return from an involuntary leave of absence as outlined in the decision, students seeking to return from an involuntary leave of absence imposed for reasons of personal or community health and safety may be required to submit additional documentation related to the factors set forth in Section III.6 as part of an individualized assessment. The Student Accessibility Services Office will work with students to provide reasonable accommodations in the return process as appropriate.
      2. A student must make a written request to the President’s designee to return to the campus. Generally, a student shall not be allowed to return until one full semester has elapsed or until the leave period in the involuntary leave of absence notification has elapsed, and all conditions and/or requirements have been met.
      3. The President’s designee may require the student to provide evidence that the student, with or without reasonable accommodations, has sufficiently addressed the issues that previously established the criteria for imposing an involuntary leave of absence as set forth in Section III.6, above. The President’s designee may also ask, confer with, or seek information from others to assist in making this determination. The information sought may include:
        • At the student’s discretion, documentation of efforts by the student to address the issues that led to the leave;
        • Release of academic records to inform treating clinicians (with appropriate authorization);
        • Release of treatment information to the extent necessary to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization);
        • Consultation with the Davis Health Center and/or Counseling Center to the extent necessary to determine if the student has sufficiently reduced the risk or disruption that led to the leave (with appropriate authorization); and/or
        • Consultation with Student Accessibility Services.
      4. All returning students must meet the essential eligibility requirements and any technical standards of the Campus and, if applicable, the relevant school or department, with or without reasonable accommodations. If the President’s designee determines that the student is ready to return to the Campus, the student will be notified in writing of the decision, including the reason for the decision, within a reasonable time after the student has submitted a request for return and required documentation per this policy.
      5. A student not permitted to return may appeal the decision to the Board of Appeals under this policy, following the procedures in Section V.
      6. Based on the Campus’s enrollment policies, a student may be disenrolled after a certain period of inactivity.

Scope of the Policy and Relationship to Other College Policies

A leave of absence is an administrative process; it is not a disciplinary process.

This policy is not intended to be punitive and does not take the place of disciplinary actions that are in response to violations of the SUNY Canton Student Code of Conduct, or other policies and directives, nor does it preclude the removal or dismissal of students from the campus or campus-related programs as a result of violations of other campus policies or school or department protocols.

This policy does not limit the campus’s ability to place enrollment holds on students for reasons beyond the scope of this policy.

This policy does not relieve a student of any financial obligations to the campus that were incurred prior to the time the involuntary leave of absence was imposed.

Campuses are required to notify students if there might be an effect on the student’s financial aid, including returning aid, outstanding balances, potential effects on future aid, and any effects on the New York State Tuition Assistance Program (TAP), the Excelsior Scholarship Program, and any other scholarship, if applicable.

Nothing in this policy limits the power of the campus to take administrative action to ensure the safety of the campus community in accordance with all appropriate laws and policies.

Nothing in this policy prevents the campus from engaging in a temporary suspension under its policies if necessary under the circumstances. Any such cases shall be appropriately reviewed per campus policy.

SUNY Canton is required to abide by the Family Educational Rights and Privacy Act (FERPA) and comply with its requirements regarding student privacy.

Nothing in this policy prevents the campus from following the Rules of Maintenance of Public Order, as necessary.

Requests for Reasonable Accommodations

SUNY Canton is committed to providing equal access to all participants in campus processes, including students with disabilities. Students with disabilities should contact Student Accessibility Services to request accommodations, and the campus shall prominently display this information on their website with this policy.

20.1.8 Charge Reductions When Withdrawing from College

Title IV Federal financial aid recipients will be computed using the guidelines applicable to the federal funds.

20.1.8.1 Tuition

Semester charges reduced on a percentage basis as follows:

CANCELLATION DURING REDUCTION
First week 100%
Second week 70%
Third week 50%
Fourth week 30%
Fifth week 0%

Full Semester Courses:
The first day of class session shall be considered the first day of the semester. The first day of classes, as scheduled by the campus, shall be deemed to be the first day for any full-semester course that is offered. Seven calendar days later will be the end of the first week for charge reduction purposes. This also applies to all full-time students even if they have partial-semester courses.

Partial-semester courses, including Internet courses:
The charge reduction period shall commence with that course’s start date. Charge reductions will be pro-rated, based on the tables below: (This applies to part-time students only)

7-week classes

CANCELLATION DURING REDUCTION

First Week

100%

Second Week

65%

Third Week

0%

3-week classes

CANCELLATION DURING REDUCTION

First & Second Day

100%

Rest of First Week

65%

Second week

0%

20.1.8.2 SUNY College Fee, Orientation, Placement Fee, International Health Insurance, Student Health Fee, Athletic Fee, and Laundry Fee

Non-refundable.

20.1.8.3 Student Activity Fee, Recreational Facilities Fee, and Educational Technology Fee

Reduced at the same rate as tuition.

20.1.8.4 Alumni Fee

Refunded upon receipt of waiver. Students who receive an alumni fee waiver will not be eligible to receive scholarship support from the Canton College Foundation.

20.1.8.5 Parking Fee

Reduced according to the tuition liability schedule  in which the student ceases to park a vehicle on campus. The refund schedule can be found at on the University Police Website.

20.1.8.6 Medical Insurance

Students who have health insurance have the option to waive the insurance coverage during the waiver periods stipulated by the insurance carrier which follow SUNY Canton’s academic calendar. The waiver period for both fall and spring semesters begins when registration opens and closes at the end of the second full week of classes. An insurance waiver must be completed for each semester. However, if the student withdraws, a reduction for the insurance charge will only occur during the first week of classes unless the student is entering military service. Failure to waive the insurance coverage will result in the charge remaining on your bill for the full semester. Any student withdrawing during the first 31 days of the period for which coverage was purchased, will remain covered, unless the withdrawal was done during the first week of class in which the premium would have been refunded resulting in loss of coverage. In cases of medical withdrawal due to a covered injury or sickness, in the first 31 days, the full amount of the premium is eligible for refund. The student does have the option to keep the medical insurance. In this case, the fee would remain on the bill and the student would be responsible for payment. No waiver exceptions can be granted.

20.1.8.7 Meal Ticket

Reduction of charge will only be allowed for withdrawal from school or academic dismissal. A reduction of charge due to the removal of a student from the residence hall for academic reasons is at the discretion of College Association management. Refunds will not be allowed for disciplinary reasons.

The reduction will be based on the approved proration schedule, and a $25 fee for processing and administration charges when the reduction is approved and the check is drawn. The reduction will be based on the official date of withdrawal or dismissal as recorded by the Registrar’s Office. Students who advance register but do not subsequently attend the College will receive a full reduction of their entire dining meal plan charges.

20.1.8.8 Housing: Residence Hall

Charges reduced on a percentage basis as follows:

CANCELLATION DURING REDUCTION

First week

100%

Second week

70%

Third week

50%

Fourth week

30%

Fifth week

0%

Residence hall opening day will be considered the first day of the semester. Seven calendar days later will be deemed the end of the first week for refund purposes. The date a student’s belongings are removed from the residence hall will be the date considered for refund purposes.

20.1.8.9 Financial Aid Policy

Under Federal Financial Aid rules, the College must recalculate Federal1 financial aid eligibility for students who withdraw officially or unofficially, are dismissed, or take a leave of absence prior to completing 60% of a semester. Recalculation is based on the percent of earned aid using the following formula:

Percent earned = Number of days completed up to the withdrawal date2 / total days in the semester (including weekends and breaks under five days).

Federal financial aid is returned to the federal government based on the percent of unearned aid using the following formula:

Aid to be returned = (100% - percent earned) X the amount of aid disbursed toward institutional charges.

When aid is returned, the student may still owe a balance to the College. The student must contact the Student Accounts Office - Student Service Center to make arrangements to pay the balance.

1 Federal financial aid includes Federal Pell Grant, SEOG Grant, Perkins Loan, Direct Student Loan-subsidized and unsubsidized, and Direct PLUS Loans. Students who cease attendance and do not officially withdraw will be considered an unofficially withdrawal and a recalculation of federal aid eligibility will be done using the 50% date or the actual last date of attendance whichever is later.

2 Withdrawal Date is defined as the actual date the student began the institution’s withdrawal process, indicated their intent to withdraw, or the midpoint of the semester or last day of attendance whichever is later for a student who leaves without notifying the College.

20.2.0 Absence/Attendance Policy

Last Update:

It is the students’ responsibility to know and abide by the requirements for their programs and courses published in College publications and course outlines. Further, it is the students’ responsibility to utilize the College environment, resources, and professionals therein to meet requirements which will assist them in both their academic and personal growth.

20.2.1 Attendance/Absences

The Vice President for Student Affairs/Dean of Students may issue excused absences for the following reasons: 

  • participation in intercollegiate athletics
  • course/curriculum field trips
  • religious observances
  • military service obligations, and
  • Title IX-related accommodations.

Instructors must accept these excused absences for up to the equivalent of one week’s worth of class time for each course (e.g., for a three credit hour lecture course that meets for three, one hour sessions a week, missing three sessions amounts to missing a week’s worth of classes.) Instructors have the right to accept or deny excused absences issued by the Vice President for Student Affairs/Dean of Students for students who are over this limit. Students having excused absences must fulfill all academic responsibilities. Students will submit a request for an excused absence via the form located on the Dean of Students webpage.

Instructors of record must state their attendance policy (or participation policy for online classes) in their course syllabus, and are able to excuse students for any absence they deem appropriate.

If the absence is planned, all previously assigned work must be submitted prior to the student’s campus departure. The student will complete work and secure all laboratory/lecture information missed immediately upon return to campus. Students missing (quizzes/hourly) examinations will be given the opportunity to take “make-up” examinations or some other appropriate alternative to the missed examination which would be decided upon at the discretion of the instructor.

Instructors/Advisors planning course or curriculum-related field trips, and coaches planning excused athletic absences are required to compile and circulate (via email) the preliminary roster two weeks prior to the event. Instructors anticipating field trips as part of academic instruction must include the field trip and any associated fees on the course syllabus. Instructors may not mandate field trips. Students unable to attend a field trip should be provided with alternative assignments.

20.3.0 General Education Requirements

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The General Education Program at SUNY Canton is designed to provide students, throughout their college years, with a broad set of coherent and focused educational experiences aimed at enabling them to acquire knowledge and skills that are useful and important for all persons, regardless of their jobs or professions. General Education goes beyond the acquisition of the skills necessary to be competent in a field of specialization. It involves the discovery, evaluation, and transmission of essential knowledge that prepares students to lead fulfilled lives and to assume roles as creative and contributing members of society.

In accordance with the SUNY Board of Trustees Policy on General Education, all entering freshmen must meet specific General Education requirements. Faculty and students will periodically be required to engage in assessment activities to ensure that the General Education learning outcomes are being met. At SUNY Canton undergraduate students must complete the following four knowledge and skills areas:

  • Communication – Written and Oral
  • Diversity: Equity, Inclusion, and Social Justice
  • Mathematics (and Quantitative Reasoning)
  • Natural Sciences (and Scientific Reasoning)

In addition, a minimum of three of the following six knowledge and skills areas are required for AA-, AS-, and all baccalaureate-degree programs:

  • Humanities
  • Social Sciences
  • The Arts
  • US History and Civic Engagement
  • World History and Global Awareness
  • World Languages

These may be completed in separate courses, although some courses may satisfy more than one General Education Requirement. Nevertheless, in order to meet graduation requirements, students enrolled in a SUNY Canton baccalaureate degree program must complete 30 credit hours of general education.

Finally, the following core competencies, which are infused throughout the curricula, are required for all undergraduate degrees:

  • Critical Thinking and Reasoning
  • Information Literacy

Courses meeting specific General Education knowledge and skill areas are so designated in the course description section of the catalog. Students should work carefully with their advisors to ensure they are fulfilling the SUNY General Education Requirements (GER) in order to transfer seamlessly to another SUNY college or to meet SUNY Canton baccalaureate graduation requirements.

20.3.1 SUNY General Education Requirements

  1. Knowledge and Skill Areas (GER 1-11)
    1. Communication Written (Required)
    2. Communication Oral (Required)
    3. Diversity: Equity, Inclusion, and Social Justice (Required)
    4. Mathematics and Quantitative Reasoning (Required)
    5. Natural Sciences and Scientific Reasoning (Required)
    6. Humanities
    7. Social Sciences
    8. The Arts
    9. U.S. History and Civic Engagement
    10. World History and Global Awareness
    11. World Languages
  2. Infused
    1. Critical Thinking and Reasoning
    2. Information Literacy

20.4.0 Grading

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20.4.1 Passing Grade

A, B+, B, C+, C, D+, D and P are passing grades. The grade considered satisfactory for completion of a course as a prerequisite for subsequent courses or activities will be determined by each department or program and stipulated in the course description.

20.4.2 Transfer Credits

Passing credits earned beginning Fall 2018 with a grade below “C” will be eligible for transfer. Requests for passing credits prior to Fall 2018 will be made in writing to the academic Dean and decided at the Dean’s discretion.

NOTE: Program requirements are still in effect.

20.4.3 Incomplete Grades

An incomplete grade may be assigned by a faculty member in cases when, for valid reasons (illness, accident, etc.), all of the required work has not been completed but is otherwise satisfactory. (Unexcused absence from the final exam and/or failure to turn in a final project or paper are not extenuating circumstances). Except in unusual cases, the delinquent work should not exceed 10-20 percent of the total required work. An Incomplete Grade Contract must be completed in full, including all signatures, prior to receiving a grade of (“I”) Incomplete.

  • Responsibility for making up incomplete work lies with the student. Incomplete work must be made up by the due date posted on the academic calendar of the subsequent regular-term semester. Alternate arrangements (shorter or longer time frame) can be implemented if agreed upon by the instructor and student and approved by the School Dean. If the work is not completed according to the agreed-upon plan, the incomplete grade will be recorded as “F” on the student’s record. Access to the course content via the Learning Management System (Brightspace) is available as long as the course remains in Incomplete status, but is terminated once a final grade is assigned in the course.

20.4.4 Pass/Fail Policy

The Pass/Fail Policy is intended to better serve our students who want to take an elective course without risking a negative effect on their GPA. Earned grades of A-D will appear on the student’s academic transcript as a “P” (Pass); earned grades of F will remain an “F” (Fail). The “P” (Pass) grade is not calculated in the GPA, but counts towards program pursuit for financial aid purposes. It is understood that the Pass/Fail Policy is not designed to be used as a “lifeline” for students in jeopardy of doing poorly in courses. 

20.4.4.1 Number of Courses Allowed to Choose Pass/Fail

Maximum number of 4 courses at SUNY Canton for a Baccalaureate Degree

Maximum number of 2 courses at SUNY Canton for an Associate’s Degree

Only one Pass/Fail Option per semester is allowed

NOTE: Courses in which students took a Pass Grade Option during COVID-related semesters (Spring 2020, Fall 2020, Spring 2021) are excluded from the maximum number of courses al-lowed above

NOTE: Courses which are normally designated as Pass/Fail courses are excluded from the maximum number of courses allowed above

20.4.4.2 Deadline to Request a Pass/Fail Option

The deadline for students to request a Pass/Fail Option is 3 weeks from the date the course begins for full 15-week courses 

The deadline for students to request a Pass/Fail Option is 1 week from the date the course begins for any course which is not a regular, full 15-week course

The deadline dates will be published on the Academic Calendar

Once the request for a Pass/Fail Option is approved and processed by the Registrar, the student is not permitted to revert the grade back to the standard A-F grading scale

20.4.4.3 Courses Excluded from Pass/Fail Option

Students may not request a Pass/Fail for any courses in their major, regardless of whether or not their program is accredited

Students may not request a Pass/Fail for any courses in their minor

Students may not request a Pass/Fail for any General Education Requirement (GER) courses

Students may not request a Pass/Fail for their First Year Experience (FYEP) course

Students may not request a Pass/Fail if they are repeating a course

20.4.4.4 Criteria for Requesting a Pass/Fail Option

Students must have completed one full semester at SUNY Canton

Students must be in Good Standing and have a minimum 2.0 GPA in order to request a Pass/Fail

20.4.5 Midterm Grades

At midterm, faculty members will submit student grades electronically for all courses they are teaching or supervising via secure access through UCanWeb, the online student information system. Faculty members will report midterm grades with the same letter grade designations used for course grades.

All midterm grades are available to students electronically through secure access to UCanWeb. Students receiving grades of D+, D, or F should seek out their instructors/academic advisors to identify the problem, seek additional support services (tutoring labs) and make the necessary improvement.

20.4.6 Repeating a Course

Students may repeat courses. If higher, the grade earned in the repeated course will be substituted for the original grade in computing the GPA. Refer to the Policies & Procedures Manual regarding financial aid eligibility when repeating courses. Repeated courses must be taken at SUNY Canton for the course grade to be calculated in your SUNY Canton GPA. Repeated courses taken at another institution, will be transferred back for credit only and the SUNY Canton grade will be excluded from the student’s GPA; to clarify, the student will receive transfer credit, but the grade will not transfer.

20.4.7 Repeat of “D” Grades and Financial Aid Eligibility

According to New York State Regulations, “If a student repeats a course in which a passing grade acceptable to the institution has already been received, the course cannot be included as a part of the student’s minimum full-time or part-time course load for financial aid purposes. When such courses are included in meeting the minimum requirement, they render the student ineligible for a State award (TAP).” In the following instances, repeated courses may count toward full-time or part-time study:

  1. When a failed or withdrawn course is repeated;
  2. When a grade received is passing at the institution but is unacceptable in the current curriculum (i.e., Nursing I, II, III, IV for Nursing-622); and
  3. When a course may be repeated and credit earned each time.

In addition, the repeated course may not be considered in determining whether the student has met the Pursuit of Program Requirement and is in good academic standing. The student should check with their advisor and/or the Financial Aid Office - One Hop Shop to determine if repeating a course will affect their state TAP Grant eligibility.

Federal regulations allow a course that has been passed previously to be repeated once and count for federal aid eligibility.  It would not be counted for aid eligibility if repeated a second time.

20.4.8 Academic Integrity Policy

The State University of New York at Canton is dedicated to holding its academic community to the highest standards of academic integrity.  We believe that in order for students to have successful careers in their chosen fields, they must master their own course work and not imitate or copy another person’s ideas or work and claim it as their own. Academic integrity is essential to the success of the college’s educational mission, and violations of this policy are considered a serious matter.

Students are therefore expected to comply with all academic integrity standards described in the SUNY Canton Code of Student Conduct, Rights, and Responsibilities which can be found in the Student Handbook. These standards include issues of cheating and plagiarism. Breaches of our academic integrity standards will result in a variety of penalties depending on the severity of the problem.

20.4.9 Final Examination Period

There will be a final examination period at the end of each semester. This period must be used by the professor for a comprehensive final examination, the last unit test, or some other activity of academic merit. See the Policies & Procedures Manual for more information.

20.4.10 Credit for Prior Learning

There exists a variety of avenues for a student to obtain academic credit either through transfer from other institutions of higher learning, proficiency exams or life experience. To learn more contact the School Dean and/or review the College’s policy on Credit for Prior Learning in the Policies and Procedures Manual or the College Academic Catalog.

20.4.11 Transcript of Records

SUNY Canton’s transcripts are processed through Parchment. Students can access and view unofficial transcripts in UCanWeb. Official transcripts can be requested direct from SUNY Canton at the Registrar’s Office by completing this form which must include student signature.  Print or electronic transcripts can be ordered from Parchment. SUNY Canton will cover the cost of the actual transcript(s) from the $5 transcript fee that students are charged each semester. However, it is the student’s responsibility to pay the handling fee associated with having their transcript(s) sent. The handling fee includes valuable notifications that alert students of any potential problems that may prevent their transcript(s) from being sent. In addition, students will have the ability to track the delivery status of their transcript(s). Expedited shipping is also available for an additional fee.

20.4.12 Student Course Comments

A standard Student Course Comment questionnaire will be issued for every scheduled course each semester. This questionnaire is designed for students to provide feedback on their courses. Student Course Comments will be distributed via students’ secured UCanWeb account and will be active for three weeks; the last week of classes, final exam week, and the week following final exams. Students will be presented with the Student Course Comment questionnaire when they log into their UCanWeb account during this timeframe. Students are strongly encouraged to thoughtfully complete the questionnaire, as SUNY Canton values student feedback.

NOTE: Students will NOT have the ability to access any records in UCanWeb until the questionnaire has been completed.

20.5.0 Graduation Requirements

Last Update:

The College reserves the right to make modifications to a prescribed curriculum. Students failing to graduate due to failure, deficiency of grade points, or credit hours may be granted the degree after successful completion of the work either at SUNY Canton or another accredited college within seven years of departure. These hours must have the prior approval of the School Dean or department chairperson. All courses transferred will be recorded as “T” (with the grade earned at the previous college: e.g., TA, TB+, TB, TC+, etc.).

Note: The commencement program is created once a year for May commencement ceremonies. The list of graduates is based on students who completed degree requirements in the prior August, December, January, and those who anticipate completing requirements in May. Students may petition their academic Dean for permission to participate in the current year’s commencement ceremony without meeting requirements by the May deadline. Outstanding credit requirements will be at the discretion of the Dean. Please be aware that students are not permitted to have their names published in the commencement program in the same major within the past two years.

20.5.1 Baccalaureate Degrees

  1. A student must be matriculated in a SUNY Canton curriculum for a minimum of 30 semester credit hours of graded course work. Fifteen of the thirty credits must be taken in the major, or acceptable cognates as determined by the department at SUNY Canton. Individual programs may have additional graduation requirements.
  2. The successful completion of the prescribed curriculum. Upper-division courses must comprise 45 semester credit hours; 24 of the 45 Upper-Division credits must be taken within the major.
  3. The successful completion of a writing-intensive course taught within the prescribed curriculum.
  4. Liberal Arts & Sciences Requirements:
    1. Bachelor of Technology (B. Tech.) This degree is intended to prepare students for careers in a variety of professions and serves both freshmen and transfers from the Associate in Applied Science degree programs. The course of study leading to this degree will be an organized curriculum leading to a minimum of 120 semester credit hours, 30 of which must be in the liberal arts.
    2. Bachelor of Business Administration (B.B.A.) This degree is intended to prepare students for careers in a variety of professions and serves both freshmen and transfers from the Associate in Applied Science degree programs. The course of study leading to this degree will be an organized curriculum leading to a minimum of 120 semester credit hours, 30 of which must be in the liberal arts.
    3. Bachelor of Science (B.S.) The course of study leading to this degree will be an organized curriculum leading to a minimum of 120 semester credit hours, 60 of which must be in the liberal arts.
  5. The earning of an overall GPA of 2.0 unless otherwise prescribed.
  6. Payment of all financial obligations to the College are required before diplomas or transcripts will be released, but the degree will be conferred upon completion of all degree requirements.

20.5.2 Associate Degrees

  1. A student must be matriculated in a SUNY Canton curriculum for a minimum of 15 semester credit hours of graded course work. Fifteen credits must be taken in the major or acceptable cognates as determined by the department at SUNY Canton. Individual programs may have additional graduation requirements.
  2. The successful completion of the prescribed curriculum.
  3. Successful completion of a writing-intensive course taught within the prescribed curriculum.
  4. Liberal Arts & Sciences Requirements:
    1. Associate in Applied Science - A.A.S. This degree, intended to be used primarily for occupationally oriented curricula, may at times be appropriate as a transfer degree to certain types of specialized baccalaureate programs such as Bachelor of Business Administration, Bachelor of Education, Bachelor of Engineering, or Bachelor of Engineering Technology. The course of study will be an organized curriculum with a minimum of 20 semester credit hours drawn from the liberal arts and sciences areas comprising of work distributed in the humanities, the natural sciences and mathematics, and the social sciences. The 20 semester credit hours will be distributed with balance among the three major areas. Not less than 30 semester credit hours will be concentrated in an area appropriate for employment at a sub-professional or middle-management level in a recognized group of occupational fields.
    2. Associate in Science - A.S. This degree may be used for certain occupationally oriented curricula but is primarily designed to serve science- or professionally related programs which lead to transfer to a baccalaureate degree program. The course of study leading to this degree should be an organized curriculum composed of courses in the liberal arts and sciences. At least 30 semester credit hours will be offered in the humanities, the natural sciences and mathematics, and the social sciences. The exact balance within these 30 semester credit hours is not specific, but there must be a reasonable distribution of work in the three categories as well as appropriate depth in one.
    3. Associate in Arts - A.A. This degree will be used primarily for transfer programs which lead to a baccalaureate degree program. The course of study leading to this degree will be an organized curriculum composed primarily of courses in the liberal arts and sciences. At a minimum, there will be 48 semester credit hours taken in the humanities, the natural sciences and mathematics, and the social sciences. The exact balance within the 48 semester credit hours among these three major fields is not specified, but there must be a reasonable distribution of work among these three categories as well as depth in one.
    4. Associate in Occupational Studies - A.O.S. The course of study leading to this degree should be an organized curriculum of post-secondary level education leading to occupational competence. The program requires two academic years (or a minimum of 60 semester credit hours) for completion and may consist solely of course work in the specialized area and related work thereto. General education may be optionally included but will not be considered to contribute toward program registration. Such programs should have a distinct identity of their own, independent of courses of study leading to the Associate in Applied Science degree.
  5. Students matriculated in a baccalaureate program for a minimum of 15 semester credit hours of graded coursework, earning a minimum GPA of 2.00 for all such credit hours taken, may be granted an associate degree in a related curriculum, without matriculation in that curriculum, upon completion of all associate degree requirements and application to the School Dean for the associate degree program.
  6. The earning of an overall GPA of 2.00 unless otherwise prescribed.
  7. Payment of all financial obligations to the College are required before diplomas or transcripts will be released, but the degree will be conferred upon completion of all degree requirements.

20.5.3 Certificate Programs

  1. A student must be matriculated in a SUNY Canton curriculum for a minimum of 12 semester credit hours of graded course work earning a minimum GPA of 1.75 for all such credit hours taken. Individual programs may have additional graduation requirements.
  2. Successful completion of all required courses.
  3. A minimum GPA of 1.75 unless otherwise specified in the section describing that Certificate in the academic catalog.
  4. Payment of all financial obligations to the College are required before certificates or transcripts will be released, but the degree will be conferred upon completion of all certificate requirements.

NOTE: Successful completion of a Certificate program does not automatically qualify a student for admission to a degree curriculum. In order to be admitted to a degree curriculum, the graduate of the Certificate program must achieve a record that indicates a reasonable probability of success in the new curriculum and be recommended by the faculty.

20.5.4 Dual Degrees - Awarding Two Associate Degrees

In order to qualify for a second associate degree from SUNY Canton, a student must satisfactorily complete at least 15 semester credit hours beyond the first degree’s requirements and also meet the specific curriculum requirements of the second program. All of the subsequent work is to be taken in an essentially different area of specialization.

A student who wishes to earn an additional associate degree at SUNY Canton must have written approval of course requirements by the appropriate School Dean. When the required courses are completed, the School Dean will notify the Registrar that the student is certified for the additional degree. No student may be awarded two associate degrees simultaneously within the same minimum time span.

20.5.5 Dual Degrees - Awarding Two Baccalaureate Degrees

In order to qualify for a second baccalaureate degree from SUNY Canton, a student must satisfactorily complete at least 30 semester credit hours beyond the first degree’s requirements and also meet the specific curriculum requirements of the second program. All of the subsequent work should be taken in an essentially different area of specialization.

A student who wishes to earn a second baccalaureate degree at SUNY Canton must have written approval of course requirements by the appropriate School Dean. When the required courses are completed, the School Dean will notify the Registrar that the student is to be certified for the additional degree. No student may be awarded two degrees within the same minimum time span.

20.5.6 Double Major Policy - Baccalaureate Degrees

Students who are pursuing undergraduate baccalaureate degrees may pursue double majors, which is defined as the awarding of one degree with more than one major. All program requirements for both majors must be completed satisfactorily and concurrently (i.e., a student cannot graduate from SUNY Canton and return later to complete coursework for a second major). The student will designate the “first major” and the “second major” (e.g., “first major” is Applied Psychology and “second major” is Forensic Criminology). The diploma and transcript will state the completion of two majors (Applied Psychology and Forensic Criminology) and any additional credentials, such as minors and/or micro-credentials.1,2

Students pursuing a baccalaureate degree may designate a second major after completing 30 credits and before completing 90 credits in the first major with an unambiguous GPA of 2.000 or greater (no grades of incomplete or missing grades).  The designation of a second major will be completed using the SUNY Canton Change of Major form. Course of study must be approved by both programs. The first and second major Department Chair / Director will need to sign the form to verify all qualifying criteria has been met. The catalog year of the second major will be matched to the year of the first major (e.g., if the first major is catalog year 2021-2022, the second major will be backdated to catalog year 2021-2022). If the student wishes to update both to a new catalog year, they will add this request to the comment section of the form or submit an update catalog form.

In most cases, the student may find it necessary to complete more than the minimum 120 credits for graduation. Their second major must include at least 15 Upper Level credits of difference in the coursework (i.e., not overlap with primary major requirements or overlap with the requirements of a minor or concentration). Beyond the 15 credits not in common, all other courses may apply to both majors (e.g., a student double majoring in Forensic Criminology and Applied Psychology may “double count” statistics applying the credits toward both majors). The writing intensive course is a major requirement within each major; therefore, students with double majors will usually complete two writing intensive courses. 

Academic departments that offer more than one major may choose to develop a policy to prohibit students from declaring multiple majors within their programs. Any such policy proposal must be submitted to Academic Standards for review and approval.

1 Students should be fully aware of any financial aid implications before designating a primary major. Students may need to declare the second major as primary major for periods of time to ensure financial aid continues to apply. Students should be aware that pursuing more than one major may require additional time to graduation and additional costs.

2 Students wishing to complete a dual degree (awarding of two baccalaureate degrees) must follow the SUNY Canton approved policy.

20.5.7 Early Walking at Commencement Policy

This policy is meant to address the issue of students who wish to participate in the May commencement ceremony but will not have all degree requirements completed by the end of the spring term. This policy delineates the criteria for eligibility to participate in the commencement ceremony prior to the completion of graduation requirements.

Students are eligible to participate in commencement prior to the completion of graduation requirements, provided the following criteria are met and Dean’s approval is given.

  1. Student must be within 12 credit hours of completing all degree requirements and be in good academic (2.0 GPA or better) and social standing by April of the year they wish to walk.
  2. Student must have a conversation with their academic advisor or Dean’s Office to ensure that they can complete their outstanding degree requirements by the end of the subsequent Fall semester. The Early Walking Application and Agreement must be completed by the end of the second week of April.
  3. Student must complete all graduation requirements before a diploma will be issued.
  4. Student can only walk at a single commencement.

Students who have approval to walk early will not have honors denotations next to their name in the program, as they have not finished their degree requirements.

Student’s degree will not be posted on official records of transcripts until all requirements for the degree are completed.

Student names will not be included in any graduate press releases prior to them completing their degree requirements.

20.5.7.1 Procedures

      1. Student completes and submits the Early Walking Application and Agreement online prior to the second Friday in April. Failure to meet the deadline will result in loss of eligibility to walk early and/or have their name appear in the program.
      2. The student’s respective Dean’s Office will receive, review, and act on the application. The Dean will contact the Vice President for Student Affairs’ Office to ensure that the student is in good social standing. Notification of action will be emailed to the student and the Special Events Coordinator prior to the Commencement program going to print.
      3. Upon receipt of all approved applications, the Special Events Coordinator will place student names in the program and contact the students with any pertinent information regarding Commencement.

20.6.0 Grievance Procedure

Last Update:

Both faculty and students have joint responsibilities in maintaining academic integrity. Conducive to learning is a precept of fair evaluation of academic work and a concern for human dignity.

20.6.1 Purpose

The purpose of this procedure is to provide for the student and faculty an equitable and efficient method for resolution of student academic grievances.

20.6.2 Student Academic Grievance Procedure

An academic grievance is a complaint by a student:

  1. That there has been a violation, misinterpretation or inequitable application of the academic regulations of the College, faculty, School or Department as written in the Policies & Procedures Manual, Personnel Handbook for Faculty and Professional Staff, Academic Catalog, Student Handbook, the By-laws of the School and/or Department, and the respective faculty member’s class handouts; or
  2. That the student has been treated unfairly or inequitably by reason of any act or condition which is contrary to the College’s established academic policy or practice governing or affecting students.

Under no circumstances may a grade be grieved if the student simply disagrees with an instructor about the quality of the student’s work. A grade may be grieved only when the student alleges that the instructor was acting arbitrarily or maliciously by giving the grade for reasons unrelated to the quality of the work in question. In any grievance alleging discrimination based on race, color, national origin, religion, creed, age, disability, sex, gender identity, gender expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, the student should pursue the Campus Discrimination Complaint Procedure.

20.6.3 Responsibility

To substantiate the existence of an academic grievance:

  1. The student must demonstrate the presence of an academic inequity or injustice;
  2. The student must establish that the specified alleged incident caused the academic inequity or injustice; and
  3. The student must be able to recommend a resolution of the grievance.

20.6.4 Procedures

All academic grievances will be initiated as soon as possible, but no later than ten school days after the next semester begins. All grievances will proceed in accordance with the time limitations indicated in each step, except as follows:

An extension or delay at any step will be permitted provided there is mutual written agreement between the principal parties at the procedural step involved; e.g., at step two between the student, the Department Chairperson, and the Instructor.

STEP ONE:

The student initiating a complaint shall contact the faculty member involved and attempt to resolve the grievance. If the grievance is not satisfactorily resolved within five school days, the student shall inform the faculty member in writing that the student will proceed to Step Two.

STEP TWO:

The student shall have the right of appeal to the Director/Department Chairperson of the Department in which the faculty member involved is located. The complaint must be submitted in writing to the Director/Department Chairperson and the faculty member within five school days after the exhaustion of Step One review. The written complaint must clearly and concisely state the facts that initiated the complaint and must also recommend a solution of the grievance. The Director/Department Chairperson, in consultation with the faculty member and student involved, shall attempt to achieve a mutually acceptable resolution of the grievance and shall prepare a written summary of the meeting for all parties concerned. If the grievance is not resolved within three school days following receipt of the appeal, the student shall have the right to proceed to Step Three.

STEP THREE:

The student shall present the grievance in writing within five school days after the exhaustion of the Step Two review to the Provost/Vice President for Academic Affairs. A review and hearing will be conducted at this step by an Ad Hoc Academic Grievance Committee composed of:

  1. Two teaching faculty members, other than a Director/Department Chairperson, one selected by the complainant and one appointed by the Provost/Vice President for Academic Affairs; the latter appointee serving also as committee chairperson;
  2. One student member of the Student Faculty Judicial Board appointed by the President of the Student Government Association, and one student appointed by the faculty member involved;
  3. One member of the Student Affairs Staff appointed by the Vice President for Student Affairs/Dean of Students;
  4. One member of the Academic Standards Committee appointed by the Provost/Vice President for Academic Affairs; and
  5. The Dean of the School or a designee chosen by the Dean in which the faculty member involved is located.

The Committee will convene for initial deliberations within five school days following receipt of appeal. All written materials affected in Step Two will be available to this body. The student and/or the faculty member involved may request or be requested by the Committee to provide further testimony in the conduct of its review. Each party shall have the opportunity to respond to new testimony.

The Committee may recommend any of the following resolutions to the Provost/ Vice President for Academic Affairs/Vice President for Student Affairs/Dean of Students:

  1. Acceptance of the student’s recommended resolution by the faculty member and reassessment of the situation with the Provost/ Vice President for Academic Affairs.
  2. Rejection of the student’s recommended resolution but re-examination of the situation by the faculty member based upon the findings of the committee. Such re-examination shall be conducted in consultation with the Provost/Vice President for Academic Affairs.
  3. Rejection of the student’s grievance.

The Committee shall present its recommendations for resolution of the grievance to the Provost/ Vice President for Academic Affairs within five school days of its first hearing date. The Provost/Vice President for Academic Affairs or their designee shall review the recommendation and make a final and binding decision so informing all parties involved, in writing, within three school days.

20.7.0 Honor Definitions

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20.7.1 Grade Point Average

The Grade Point Average is determined by dividing the total grade points earned by the total academic credit hours attempted (not including Ws, Is, Ps, or Equivalent Credits).

Letter Grade Grade Points/Credit Hour
A 4.00-Excellent
B+ 3.50-Very Good
B 3.00-Good
C+ 2.50-Above Average
C 2.00-Average
D+ 1.50-Below Average
D 1.00-Minimally Passing
F 0.00-Failing
P Passing

To calculate GPA, take the grade point equivalent for the acquired grade and multiply by the credit hours for that course. Then add up course totals and divide by total credit hours.

20.7.2 Honors Lists

President’s Honors Lists will include the names of the full-time students who earn semester GPA’s of 3.75 or higher. To be eligible students must be enrolled in 12 or more credit hours. The President’s Honors List includes students taking imputed – or remedial –  level courses and students taking pass/fail courses if fewer than 3 credit hours. When the pass/fail credit hours exceed 2-credit hours due to specific program requirements, a student can be named to the President's Honors List, as long as
they have an additional minimum 10 hours of graded coursework.

Dean’s Honors Lists will include the names of full-time students who earn semester GPA’s of 3.25 - 3.74. To be eligible, students must be enrolled in 12 or more credit hours. The Dean’s Honors List includes students taking imputed – or remedial – level courses and students taking pass/fail courses if fewer than 3 credit hours. When the pass/fail credit hours exceed 2-credit hours due to specific program requirements, a student can be named to the Dean's Honors List, as long as they have an
additional minimum 10 hours of graded coursework.

Part-Time Academic Honors Lists will include the names of part-time, matriculated students who earn semester GPA’s of 3.25 or higher. To be eligible, students must complete 6 or more credit hours. The Part-Time Academic Honors List includes students taking imputed – or remedial – level courses and students taking pass/fail courses if fewer than 3 credit hours. When the pass/fail credit hours exceed 2-credit hours due to specific program requirements, a student can be named to the Part-Time Honors List, as long as they have an additional minimum 4 hours of graded coursework.

At the end of each semester, Honors Lists will be prepared by the Registrar’s Office and sent to the Office of Public Relations for distribution to the news media. Media releases will not include the names of students who have restricted the release of directory information pursuant to FERPA. Students who wish to receive a formal letter may do so by emailing the appropriate office (President’s Office for President’s Honor List or Provost’s Office for Dean’s Honor List). Requests must be sent from the student’s SUNY Canton email. 

Note: Unless required by the major, students who receive any incomplete grades at the completion of a semester are not included in the Dean’s/President’s/Part-Time honors lists. If a student is eligible for an honor’s list once the grade is changed, the appropriate honor will be notated on the student’s transcript. However, because the change will occur after the deadline, media releases will not include the names of students who are eligible for an honor’s list. When an Incomplete grade is a result of a requirement in the major (e.g. Internship hours still to be completed) then students with Incomplete grades can qualify as long as they have at least 12 completed credits and qualifying GPA.

20.7.3 Honor Societies

Alpha Phi Sigma - The only national Criminal Justice honor society for Criminal Justice majors.  The society recognizes academic excellence of baccalaureate and graduate students of Criminal Justice, as well as juris doctorate.  Students are required to complete three full-time semesters, have a minimum GPA of 3.00 with a minimum GPA of 3.20 in Criminal Justice courses, and be in the top 35 percent of their class.

Chi Alpha Epsilon (Alpha Sigma Chapter) - A national honor society comprised of Educational Opportunity Program students and other full-time students initially enrolled in post-secondary development programs, who have achieved a cumulative GPA of 3.00 or above for two consecutive semesters.

Golden Key - An international and cross-discipline honor society for those students enrolled in a baccalaureate program.  Membership is extended to those junior and senior students who possess a GPA that, when calculated, is within the top 15 percent of their class.

Phi Theta Kappa (Lambda Eta Chapter) - An international honor society for students at two-year colleges.  To be inducted into Phi Theta Kappa Lambda Eta, members must have a 3.50 GPA for one full semester and maintain a 3.25 GPA overall thereafter.

Tau Alpha Pi (New York Mu Chapter) - A national honor society consisting of students and alumni of Engineering Technology curricula.  Students are required to maintain a 3.75 GPA for three semesters prior to induction.  SUNY Canton was chartered in 1981.

Tau Phi Zeta (Alpha Chapter) - A national honor society consisting of students of Veterinary Science Technology curricula.  Students must complete the VSCT 112 and 212 courses and have a 3.5 cumulative GPA to be eligible. The Alpha Chapter was chartered in 2015.

20.7.4 Graduating With Honors

Honors for the Commencement Program are based on cumulative GPA to December 31 of the year prior to Commencement.

Honor GPA

Cum Laude

3.25 - 3.49

Magna Cum Laude

3.50 - 3.74

Summa Cum Laude

3.75 - 4.00

Upon degree completion students who have earned cumulative GPAs as listed above will be designated for Cum Laude, Magna Cum Laude, or Summa Cum Laude on their diplomas.

20.8.0 Registration

Last Update:

Semester registration affirms courses in which students are officially enrolled after meeting financial obligations.

Full-time, matriculated students registering after the payment deadline will be liable for Late Registration Fees. Registration of full-time students will be allowed only until the end of the first three class days.

20.8.1 Good Academic Standing and Satisfactory Progress

Students permitted to re-register are considered to be making satisfactory progress in their chosen program and are in good academic standing.

20.8.2 Re-Registration/Academic Requirements

To register for the second or any subsequent semester, a full-time, matriculated, degree student must achieve the following standards or have the approval of the Dean of the School in which the student is registered.

Status

ATTEMPTED CREDITS/REQUIRED GPA

1-23

24-35

36-47

48-59

60-71

72+

Good Standing

1.5

1.75

2.0

2.0

2.0

2.0

Academic Jeopardy/Warning

1.25 - 1.49

1.5 - 1.74

1.75 - 1.99

 

 

 

Academic Recovery

0.5 - 1.24

0.75 - 1.49

1.50 - 1.74

1.50 - 1.99

1.65 - 1.99

1.75 - 1.99

Suspension

0.0 - 0.49

0.0 - 0.74

0.0 - 1.29

0.0 - 1.49

0.0 - 1.64

0.0 - 1.74

Note: Imputed credit ~ Courses designated as remedial/developmental cannot be awarded academic credit, and therefore do not count toward overall GPA or earned hours toward a college degree. However imputed credits are included when determining a student’s academic status for their first semester only.

Note: Students in academic jeopardy/warning are considered to be maintaining minimum satisfactory academic progress and are eligible to re-register.

Note: Students on Academic Recovery have failed to achieve the minimum GPA but are allowed to re-register if they comply with the conditions specified in the Academic Recovery Contract. This program offers an opportunity for students to improve their academic standing.

Any student who is suspended from the College for academic reasons will have two options:

  1. Submit an academic appeal and detailed plan for success by the stated deadline, or;
  2. Complete a minimum of six credit hours and achieve a GPA of 2.0 or higher. Students are permitted to take these credits at SUNY Canton as a non-degree student or this coursework may be taken at another institution. Financial aid and campus housing are not available for SUNY Canton non-degree students. Students may then apply for readmission to SUNY Canton after one semester has passed via the Readmission Request Form in UCanWeb. Permission to re-register is not guaranteed and will be granted only after approval by the appropriate School Dean.

A student suspended for multiple violations of the Academic Integrity Policy will also be required to complete a minimum of six credit hours and achieve a GPA of 2.0 or higher. Students are permitted to take these credits at SUNY Canton as a non-degree student or this coursework may be taken at another institution. Financial aid and campus housing are not available for SUNY Canton non-degree students. Students may then apply for readmission to SUNY Canton after one semester has passed via the Readmission Request Form in UCanWeb. Permission to re-register is not guaranteed and will be granted only after approval by the appropriate School Dean.

Academic Recovery is a privilege and not a right. Students placed on academic recovery who fail to meet all requirements of the program may be immediately suspended. A student suspended mid-semester for violating Academic Recovery may appeal only if there are documented extenuating circumstances by emailing the Provost at provostoffice@canton.edu. The decision of the Provost is final.

Students suspended or expelled from the college for disciplinary reasons will receive grades earned for all courses completed.  Students who voluntarily withdraw from College will be permitted to re-register with the concurrent written approval of the Director of Admissions and the School Dean of the requested curriculum. Students who are suspended or expelled from SUNY Canton or any other college/university for behavioral matters are required to meet with the Admissions Review Board before a decision of admission will be made.

20.8.2.1 Academic Forgiveness Policy

The intent of this policy is to allow students who previously accrued a SUNY Canton academic record with a substantial number of grades below the 1.00 level of D to be “forgiven” for their earlier performance, if they meet certain criteria.

Academic Forgiveness, in this context, means that the student’s previous college work will be treated as if it had been transferred to SUNY Canton from another college: none of the grades received would be counted in the current GPA, but the student would receive credit for any courses in which they earned a D or above. All General Education requirements completed during prior attendance would continue to count as requirements met, but only courses with a D or higher grade would be included in credits earned toward the degree, at the discretion of the School Dean.

Students wishing to apply for the privilege of Academic Forgiveness must meet the following criteria:

    1. The student must not have taken any coursework at SUNY Canton for a minimum of two calendar years at the time of proposed readmission.
    2. The student must complete the Academic Forgiveness Application Form at the time of application for readmission. The application will include a reflective summary of why they should be considered for the privilege.
    3. The student will not have attempted more than two semesters of coursework at SUNY Canton prior to readmission if enrolled in an associate degree program or more than four semesters of coursework if enrolled in a bachelor’s degree program. Students must complete at least one half of their degree requirement credits at SUNY Canton after forgiveness is granted.
    4. The student is not eligible to receive Academic Forgiveness until they have completed a full-time semester of at least 12 credit hours as a readmitted student. In this probationary semester, the student must receive at least a C in every course and is not permitted to withdraw from any courses.
    5. The student will be placed on Academic Recovery for this first semester after readmission.
    6. Upon completion of the semester of Academic Recovery, if all requirements for Academic Forgiveness have been met, the Dean of the School will notify the Registrar so that the student’s academic record may be modified.
    7. If approved for Academic Forgiveness, a notation to this effect will be made on the student’s SUNY Canton transcript, and a new cumulative GPA will be calculated for all work beginning with the semester of readmission. This new GPA will be printed on the official transcript and used for computing the student’s academic standing and for meeting the minimum GPA requirement for graduation. All previous SUNY Canton work will continue to be listed on the transcript with the original grades received.
    8. Academic Forgiveness may be granted only once in a student’s college career at SUNY Canton.
    9. Academic Forgiveness does not override state and federal financial aid regulations and satisfactory academic progress standards. Also, repeating courses previously passed may not count toward full-time enrollment for financial aid purposes. Students should contact the Financial Aid Office in the One Hop Shop for information on their aid eligibility if considering applying for Academic Forgiveness.

20.8.3 Cross Registration

Cross registration in the Associated Colleges (Clarkson, Potsdam, St. Lawrence, Canton) is defined as registration by, and is limited to, full-time matriculated undergraduate and graduate students. Cross registration permits access to courses not available on the student’s own campus. Exceptions to this policy may be made under unusual or extenuating circumstances. More information and forms can be found online on the Associated Colleges website. Questions should be directed to the Registrar’s Office.

  1. Cross registration is open to full-time, undergraduate and graduate students and staff members within the member institutions of the Associated Colleges of the St. Lawrence Valley: SUNY Canton, SUNY Potsdam, St. Lawrence University, and Clarkson University. Cross registration permits access to courses not available on the student’s own campus.
  2. Eligible persons may register for a maximum of two courses per academic year, totaling no more than 8 credits at campuses other than their own. Exceptions to this policy may be made under unusual or extenuating circumstances by the Provost/Vice President for Academic Affairs at the institution offering the course.
  3. After students have identified courses for which they wish to cross register, they must obtain the signed approval of their Academic Advisor or Academic Dean to ensure that the course satisfies the student’s program and credit-hour requirements.
  4. The completed form must be returned to the Registrar’s Office of the institution at which the student is officially enrolled or employed.
  5. Institutions in the Consortium schedule different starting and ending dates and vacations. The student is individually responsible for arranging to keep up with course work despite calendar disjunctions and, in some cases, must arrange for food and lodging when dormitories at the home campus are closed.
  6. All students taking a course on a campus other than their own must abide by all appropriate attendance regulations, honor systems, parking regulations, and the like at that institution.
  7. Cross registration cannot be used for non-credit courses. Summer and Winterterm courses are not eligible for cross registration.

20.8.4 Late Registration Fee

Should a student fail to register by the appropriate registration deadline date, a $50.00 non-refundable late registration fee will be assessed.

20.8.5 Declaring a Major or Change of Major Request Procedure for Students

Students declaring a major or requesting a change of major must meet re-registration requirements and consult with the Program Director or School Dean into which admission is sought. The student initiates Declaring a Major/Change of Major Request in UCanWeb under Miscellaneous Student Requirements Students must declare a major prior to the third semester of full-time attendance. All contingencies affecting the change will be noted on the electronic request as it is processed.

Notification of approval or denial of the major change is sent to the student via email when the request is processed.

If the student is considered a first-semester freshman for quota purposes, the Dean of the School into which the student is changing will notify the Admissions Office. The Admissions Office will reclassify the student as a Continuing Student provisionally admitted until final grades are available. After final grades are available, the Admissions Office will then notify the student as to their status. A $50 freshman deposit will be required of students who are considered a first-semester freshman.

20.8.6 Declaring an Academic Minor

A minor is a course sequence within an area of study providing a degree of specialization within that area, a specialty within a discipline, or a specialty integrating several disciplines. Minors will contain a balance of introductory and advanced coursework.

Minors are designed to be completed within the same time frame allowed for the completion of the baccalaureate or associates degree. After matriculating in a program, students wishing to obtain a minor shall contact the coordinator of the minor to initiate the process. A minor will consist of a minimum of 18 credit hours, at least 9 of which will be upper-division courses; a minimum of 12 credit hours of a minor must be completed in courses offered at SUNY Canton. At least 9 credit hours must not be required courses in the student’s major program. See the Minors website for more information and a list of current minors.

Note: Before making that decision however, it is strongly recommended that students consult with a Financial Aid and/or Student Accounts Counselor.

20.8.7 Micro-Credentials

Microcredentials are a collection of courses or competencies that verify, validate, and attest that one or more specific skills have been achieved through credit-bearing courses and/or non-credit activities. Microcredentials differ from traditional degrees and certificates in that they are offered in shorter or more flexible time spans and are more narrowly focused than a traditional associate’s or bachelor’s degree. Microcredentials may be offered within a discipline area or inter-disciplinarily. Students and outside community members who wish to obtain or to certify that they have completed a more focused study pertaining to a particular skill may obtain a micro-credential from SUNY Canton. For a current listing of available microcredentials and details on how to sign up, see https://www.canton.edu/academics/micro/. 

20.8.8 Catalog Year Policy

Major & Minor Degree Requirements and Catalog year

Majors: Students are enrolled into a catalog year based on the date of admission to their declared program. Students can keep this initial catalog year for up to five years for Certificate/Associate’s degree programs and up to seven years for Bachelor’s degree programs. After which the catalog year may be reset to the current catalog year.

Students who change majors or take a break in matriculation will be re-admitted to the current catalog year. If program requirements change while the student is enrolled, they have the right to continue to claim the requirements for the year that they were last admitted to the program. Exceptions may be approved by the academic Dean.

Minors: Students will follow the published requirements in place at the time they declare the minor, which may be different from the catalog year used for the major. If minor requirements change while the student is enrolled, the student may choose to complete established requirements or change to the new requirements. Exceptions may be approved by the academic Dean.

SECTION 30: STUDENT LIFE

30.1.0 Alcohol & Drug Policy

Last Update:

SUNY Canton seeks to create a campus environment that is supportive of the academic mission of the institution by promoting healthy and responsible living, affirming civility, supporting the well being of each of its members and being respectful of all the laws and institutional regulations governing alcohol usage.

In keeping with our educational mission, SUNY Canton has established this policy to promote an environment that encourages learning, fosters respect for people and property, and supports individual development and success, while recognizing the responsible consumption of alcohol for those of legal age. The policy applies to all members of the College community and their guests. The host is responsible for their guest’s conduct and the consequences of their behavior as well.

The College will provide information about acceptable standards of behavior, possible consequences of violating applicable laws and University regulations, promote educational programming and make resources available from the Counseling Center’s library for the prevention, intervention, and treatment of substance abuse.

30.1.1 Events on Campus

All campus events which include alcohol must be appropriately registered, supervised and conform to applicable laws and College regulations. It is the responsibility of the Director of the sponsoring office or the president and advisor of a campus student organization to make sure the event adheres to the laws and College policies, participants in the event act civilly and the event is registered with the chief administrator responsible for the facility and University Police. Registration forms may be obtained from University Police or the chief administrator in charge of the facility (i.e. Chaney Dining Center, Miller Campus Center, Residence Life, and Athletics).

30.1.2 Administrative Responsibility

The chief administrator (C.A.) of a building/facility or program which permits alcohol consumption must establish procedures for their area of responsibility to ensure applicable laws and College regulations are adhered to. It is left to the prerogative of the C.A. to determine if alcohol usage will be permitted in their facility on a case-by-case basis. It is also the C.A.’s responsibility to make the organization or group aware of any special rules or issues concerning their area of responsibility when they register the event with the C.A.

30.1.3 Legal Responsibilities

Students and employees are responsible for knowing local, state and federal laws that apply to individual possession, consumption, and distribution of alcohol. In keeping with the SUNY Canton philosophy, the primary control for responsible alcohol use lies with the individual consumer. The College will comply with governmental regulations such as the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Communities Act of 1989.

30.1.4 Sanction for Violations

When there is a failure to comply, the College may impose sanctions on individuals who have violated the policy and/or applicable laws. There is a need to send a strong message that illegal use of alcohol will not be tolerated. Education and various alcohol abuse interventions may be an integral part of the sanction. The College will not tolerate conduct which disrupts the educational mission or campus life. Employees who violate the law or campus regulations will be referred to their direct supervisor while students will be referred to Vice President for Student Affairs/Dean of Students or designee.

30.1.5 On-Campus Advertising

All on-campus advertising that promotes events where alcohol will be consumed must obtain consent and approval stamp of the Student Activities, Involvement & Leadership office prior to display. Promotional materials need to promote the main activity, not the consumption of alcohol. Promotional materials advertising explicit use of alcohol that are not activity-oriented will not be approved.

30.1.6 Alcohol Awareness Programs

Educational programs that stress positive attitudes and behavior and emphasize the dangers of alcohol consumption are equally important. SUNY Canton is committed to fostering an environment that will offer alternative academic and social settings to eliminate alcohol abuse. The College recognizes that the abuse of alcohol is a very serious problem which is detrimental to the individual student, to the educational process and the learning environment. The College encourages students to attend educational awareness programs which address the issues concerning alcohol consumption.

30.1.7 Alcohol-Free Events

Encouraging and providing alcohol-free events and activities are an integral part of our healthy campus environment. Students are encouraged to participate in order to learn healthy ways to socialize that do not involve alcohol and other drugs.

30.1.8 Counseling

The Counseling Center consists of professional counselors who will provide personal counseling support, assessment and referrals for students regarding alcohol-related issues. The Counseling Center also trains peer educators who assist in delivering alcohol awareness/educational programs on campus. The Counseling Center will maintain an extensive resource library of books, pamphlets, videos and tapes.

30.1.9 Alcohol/Drug Violations – Sanctions 

When an individual is found to have violated the campus Alcohol/Drug policy the following actions will be taken:

The First Alcohol/Drug policy violation will result in the following minimum sanction:

  1. Mandatory completion of an online Alcohol/Drug Awareness Class ($30.00 charge);
  2. Automatic Residence Hall Probation for one year;
  3. Letter sent home to parent(s)/guardian(s) of any student under the age of 21;

The Second Alcohol/Drug policy violation will result in the following minimum sanction:

  1. Disciplinary Probation for the balance of the student’s attendance at SUNY Canton;
  2. Residence Hall Probation for the balance of their attendance at SUNY Canton;
  3. Mandatory attendance and participation in an online Alcohol /Drug Education Class ($30.00 charge);
  4. Letter to the parent(s)/guardian(s) of any student under the age of 21;

In addition, a second alcohol/drug policy violation may also result in anyone, or combination of, the following sanctions:

  1. Immediate suspension and restriction from the residence halls for the balance of the semester with the requirement that the student return to the residence halls at the beginning of the next semester. Students suspended from the residence halls lose their preference in requesting their living location when they return to the residence halls.
  2. Relocation to another residence hall, per the assignment of the Director of Residence Life, with the restriction against entering the building from which they were moved.
  3. Assigned 50+ community service hours.
  4. Evaluation through Counseling.

The Third Alcohol/Drug policy violation will result in the individual meeting with the Vice President for Student Affairs/Dean of Students or their designee. For any questions or need for clarification of this policy, please contact the Vice President for Student Affairs/Dean of Students at studentaffairs@Canton.edu or 315-386-7120.

30.1.10 Alcohol and Controlled Substances

It is the policy of SUNY Canton that the unlawful use, possession, manufacture, dispensation or distribution of alcohol and controlled substances in all campus locations, including fraternity and sorority residences, is prohibited.

No student may attend class, and no employee will report for work or will work, impaired by any substance, drug or alcohol, lawful or unlawful. Individuals may possess and use a controlled substance that is properly prescribed for him or her by a physician, as long as its use causes no impairment. “Impaired” means under the influence of a substance such that the individual’s motor senses (i.e. sight, hearing, balance, reaction or reflex) or judgment either are or may be reasonably presumed to be affected. The term “controlled substance” is defined in Section 202 of the Controlled Substance Act (21 USC 812). Alcohol may be consumed or dispensed in public areas only as authorized by a permit issued by the College Alcohol Coordinator and in accordance with the Policies and Procedures Manual.

Any violation of this policy may result in disciplinary action consistent with applicable laws, rules, regulations, collective bargaining agreements and the Code of Student Conduct. Student violations will be a matter of attention by the Office of the Vice President for Student Affairs/Dean of Students. Individuals may also be required to participate in and satisfactorily complete an approved drug or alcohol abuse assistance or rehabilitation program as a condition of continued employment or enrollment.

As a condition of continuing enrollment, each student shall abide by this policy and notify the Office of the Vice President for Student Affairs/Dean of Students, in writing, of any criminal drug statute conviction for a violation occurring on campus or off campus, within five calendar days of such a conviction. The college is obligated to notify the appropriate federal contracting agency, if applicable, within ten calendar days of receipt of notice of a student conviction as noted above.

As a condition of employment, each employee shall abide by this policy and notify the Director of Human Resources, in writing, of any criminal drug statute conviction for a violation occurring off site or in the workplace or at the College worksite within five calendar days of such a conviction. The College is obligated to notify the appropriate federal contracting agency, if applicable, within ten calendar days of receipt of notice of an employee conviction as noted above. The College provides on-going drug and alcohol awareness educational programs, and dissemination of pertinent information will continue to occur for all members of the campus community.

Confidential counseling and referral for alcohol and drug maladies is available to students through the Counseling Center and Davis Health Services. Employees may seek services through the Employee Assistance Program.

30.1.11 Regulations for Alcohol use in Residence Halls

  1. Students under the age of 21 shall neither possess nor consume alcoholic beverages.
  2. Possession and consumption of alcohol in the residence halls is a privilege and may be revoked at any time. No alcohol is permitted in alcohol-free areas or on any floor noted as substance-free housing.
  3. Only those rooms or suites where all the residents are 21 years of age or older shall be permitted the use of alcoholic beverages and the privilege to possess and/or store any container which previously contained an alcoholic beverage. Those possessing alcohol are responsible for safeguarding their supply of alcohol to prevent it from being obtained by those under the age of 21.
  4. Any student violating existing rules and regulations governing alcoholic beverages set forth in the Code of Student Conduct or NYS laws will be subject to the legal process and/or the campus disciplinary process.
  5. No more than six persons, all of whom must be 21 years of age or older, may be in a room at the time alcohol is being consumed.
  6. There shall be no kegs of any size or beer balls1. The quantity shall not exceed one case of 12 oz. American beer per room or one gallon of wine or one quart of 80-proof liquor or any combination thereof allowed for personal use only.
  7. Each individual in a residence hall is responsible for his or her own actions. Students are responsible for the actions of their guests.
  8. All students, whether or not they are 21 years of age or older, who do not want alcohol in their room will be segregated by rooms, floors, and wings whenever possible. An alcohol-free wing is provided in Mohawk South or any floor noted as substance-free housing.
  9. Cans or bottles which previously contained alcohol (“empties”) are treated as full containers. Regardless what function(s) the containers serve (such as lamps or decorations), they are still prohibited in rooms unless all occupants of the room are age 21 or older.

30.1.12 Registered Events in the Residence Halls

  1. All requests for events shall be submitted to and approved by the Residence Hall Director at least two weeks before the event. The Residence Hall Director will forward qualified requests to the Alcohol Coordinator for action.
  2. All events must be registered with the master calendar in the Student Activities, Involvement & Leadership (SAIL) office and with the University Police at least two weeks prior to the event by means of the approved request form.
  3. No approved events shall take place on a day preceding an academic school day (one on which classes or exams are held) and not on designated all-college weekends.

1 Clarification of the keg, beer ball and large quantity of alcohol rule: Possession of kegs, beer balls and large quantities of alcohol in College housing will result in immediate disciplinary action including the possibility of suspension from College housing. Large quantity is defined as 15 oz. or more of total alcohol. This means more than a case of American beer or a quart of 80-proof liquor or one gallon of wine or any combination of alcoholic beverages which amass 15oz. or more total alcohol. An empty container which previously contained an alcoholic beverage may be considered the equivalent of a full container and dealt with as such.

30.2.0 Animals On Campus

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30.2.1 In Buildings

Pets are permitted only in The Pet Wing(s) as stated in the Residence Hall License and those areas approved for educational purposes (e.g., Veterinary Science Technology).

Assistance animals (also known as emotional support animals) are only permitted in the residence halls and must be pre-approved. Students interested in applying for permission to have an assistance animal should review the Service & Assistance Animal Policy and Application for Assistance Animal. 

The use of a service dog by an individual with a disability is an exception to this rule. ADA defines a service animal as any dog that is individually trained to do the work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.

Personal pets and assistance animals are not allowed in non-residential campus buildings and administrative offices.

30.2.2 On Grounds

 All pets that are on the campus grounds must be under the direct control of their owner. (Dogs must be leashed and restrained). The Dog Control Law of the Village of Canton is in full effect on this campus.

Village Code requires that pet owners pick up and properly discard animal waste.

Pets are not allowed on any of the athletic fields.

30.2.3 Residence Hall Pets

Due to health reasons and a group living situation, absolutely no pets are allowed in the residence halls except those pre-approved to live in The Pet Wings or Dog Floor. These animals must be registered with the Residence Hall Director prior to their arrival on campus.

Students living in The Pet Wings or Dog Floor must realize that having a pet is a privilege and associated with it are certain responsibilities which follow:

  1. All roommates must be in total agreement to allow a pet in their room.
  2. All waste associated with the pet must be deposited directly in the dumpster by the loading dock. At no time is it to be placed in the trash receptacle in the residence hall.
  3. Any messes created by the pet must be attended to immediately by the caretaker.
  4. The caretaker is totally responsible for any damages caused by the pet, i.e., soiled carpets.
  5. Abuse of this privilege may result in its loss, confiscation of the pet, and/or suspension from College housing.
  6. Students living in The Pet Wings or Dog Floor should reference their animal contracts for more specific requirements.
  7. No birds, dogs, snakes or spiders will be allowed in The Pet Wings. All other pets will be approved or denied on an individual basis by the Residence Hall Director.

30.3.0 Awards

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30.3.1 Outstanding Graduate Awards

Each year, SUNY Canton honors an outstanding graduating senior in the Baccalaureate and Associate degree programs. The Outstanding Graduate Awards are presented to those deserving students at Commencement each year. Their names are engraved on a permanent plaque at the College and they are each presented with an individual plaque honoring their achievement.

Nominees for these awards are judged on scholarship, personality, and contribution to the campus community. The nominations are limited to those students in the Baccalaureate and Associate degree programs who are seniors eligible to graduate. Students enrolled in a four-year program who are scheduled to receive an Associate’s degree after completing those requirements may be nominated in the two-year category. Eligible students must have a GPA of 3.50 or higher and have been at SUNY Canton for at least one year.

For more information, contact the Student Activities, Involvement & Leadership office.

30.3.2 David R. Maynard Student Activities Award

The Senior class of 1965 initiated an award for “outstanding contribution to student activities”. The award name was later changed to the David R. Maynard Student Activities Award. This Award is given to a member of the graduating class each year. The recipient receives a plaque at the Honors Convocation ceremony in the spring semester.

For more information, contact the Student Activities, Involvement & Leadership office.

30.3.3 Northstar Award

A student-given award to an employee of SUNY Canton who has gone above and beyond to assist students in reaching their full potential. 

All SUNY Canton employees (faculty, professional staff, administration, secretarial staff, maintenance, College Association staff, food service staff) who have been employed for at least one semester during the current academic year are eligible for nomination. The recipient receives a plaque and gift at the Student Specialty Awards Ceremony.

30.3.4 Student Excellence Awards

The Student Excellence Awards began in 2011 to showcase the amazing service, commitment, teamwork, persistence, grit, and campus involvement our students possess. Students who meet the qualifications for these awards have overcome great obstacles in the path to earning their degree and have shown tremendous perseverance and determination in continuing to pursue advanced learning. Information about awards is shared in the early part of the spring semester.

30.4.0 Behavioral Expectations & Acts of Violence

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The State University of New York at Canton is committed to creating and maintaining a learning, working, and social environment for all students and staff that is free from violence. The premise on which this program is built is that acts of violence will be met with strong disciplinary action and will not be tolerated. There is a need to send both a consistent and strong message that violence will not be tolerated. We also have a responsibility to identify those who may have a problem and assist them in obtaining professional help.

Civility, understanding, and mutual respect toward all individuals are intrinsic to excellence in teaching and learning, to the existence of a safe and healthy workplace, and to the maintenance of a campus culture and environment that serves the needs of the constituencies supporting it.

30.4.1 Acts Of Violence

The College will not tolerate acts of violence towards other students, staff, community members, or visitors.

Any student who is involved in an act of violence on campus may be immediately placed on Interim Suspension pending the outcome of a hearing before the Student Faculty Hearing Board if deemed appropriate by the Vice President for Student Affairs. If the individual(s) are found to have committed an act of violence, thus a violation of the Code of Student Conduct, it could result in sanctions up to and including suspension from College for the balance of the current semester or subsequent semesters as appropriate with no special refunds.

For the purpose of this Policy, violence and threats of violence include but are not limited to:

  1. Any act that is physically assaultive, or
  2. Any physical or verbal threat, behavior or action which is interpreted by a reasonable person to carry the potential to
    1. harm or endanger the safety of others;
    2. result in an act of aggression; or
    3. maliciously destroy or damage property, or
  3. Hazing

30.5.0 Chaperone Policy

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All student trips outside St. Lawrence County conducted by SGA-chartered clubs/organizations or by groups affiliated with other College departments must have chaperones accompany them on the trip. Chaperones must be SUNY Canton employees. Resident Assistants, work-study or other student workers will not be considered “SUNY Canton Employees” for this purpose. Any exceptions to this policy may be made by the Vice President for Student Affairs/Dean of Students in consultation with the appropriate department. The purpose of the chaperone is to ensure student safety and adherence to the stated purpose of the trip. The trip is considered a College function, therefore, covered by the SUNY Canton Code of Conduct. For non-academic trips, the club/organization advisor and the Director of Student Activities, Involvement & Leadership will determine the desired number of required chaperones. For academic trips, the class instructor/advisor in conjunction with the School Dean will determine the appropriate number of chaperones. For athletic trips, the coach and/or Director of Athletics will determine the desired number of chaperones. 

30.7.0 Code of Student Conduct, Rights & Responsibilities

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It is hereby resolved that, pursuant to Part 535 of the Education Law of the State of New York (Regulations and Procedures for Maintaining Public Order on Campuses of the State of New York), the Council of the State University College of Technology at Canton adopts the following Code of Student Conduct, Rights and Responsibilities. A copy of the “Maintenance of Public Order” is on file for review at the Southworth Library circulations desk and at the Office of the Vice President for Student Affairs/Dean of Students.

Every student at the State University College of Technology at Canton is assumed to be a mature individual with the ability to accept academic and social responsibility. Individuals are expected to be responsible for their academic progress and their actions and to be familiar with the rules of conduct that govern their behavior at the College. The Student Code of Conduct and Student Handbook can both be found be found on the Student Handbook webpage. Any questions regarding such policies should be directed to the Vice President for Student Affairs/Dean of Students.

30.7.1 Definitions

These definitions are the standard throughout this document unless otherwise specified.

Accused Student: Any student accused of violating this Student Code.

Affirmative Consent: Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based on a participants’ sex, sexual orientation, gender identity, or gender expression. 

  • Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
  • Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  • Consent may be initially given but withdrawn at any time.
  • Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
  • Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
  • When consent is withdrawn or can no longer be given, sexual activity must stop.

Appeal: To apply to a higher judicial body for a rehearing of a case.

Burden of Proof: The burden of proof in all cases is “the preponderance of the evidence” – whether it is “more likely than not” that the incident occurred. If the evidence presented meets this standard, then the accused should be found responsible.

Campus: The grounds and buildings, owned, rented or leased and used by the College in pursuit of its teaching, research, extracurricular and public service programs; the grounds and buildings owned by the College Association of the College and used for education, research or housing. Housing occupied by fraternities and/or sororities are subject to College rules and regulations.

College: The State University College of Technology at Canton, New York, or any official representing the College.

College Association: A not-for-profit corporation composed of students, faculty and staff as stated in the Bylaws of the Corporation, chartered by the NYS Education Department to provide auxiliary services to the College.

College Community: All members of faculty and staff (employed by SUNY or College Association), Research Foundation, College Foundation and the student body.

Complainant: Any person who submits a statement alleging that a student violated this Student Code. 

Dating Violence: Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.

Vice President for Student Affairs/Dean of Students: An administrative officer of the College who oversees student discipline and issues related to the Student Code of Conduct. The Vice President for Student Affairs/Dean of Students or their designee serves as the adjudicating officer.

Domestic Violence: Domestic violence is any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.

Entry: To enter or gain access to a student room, building, grounds, or space rented/leased by the College.

Extensions: All deadlines and time requirements in the Code may be extended for good cause as determined by the Vice President for Student Affairs/Dean of Students. Both the respondent and the complainant will be notified in writing of the delay, the reason for delay, and provided the date of the new deadline or event. Extensions will not be longer than 5 business/school days. Temporary sanctions may be imposed by the Vice President for Student Affairs/Dean of Students or designee during any extension.

Faculty: All members of the professional staff that includes the non-teaching professional staff, who are employed for purposes other than classroom instruction.

Force: The use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcome resistance or produce consent.

Greek Council: A representative organization of all fraternities and sororities chartered by the Student Government Association.

Harassment on the Basis of Protected Characteristic(s) other than Sex/Gender: Harassment based on race, color, age, religion, national origin, disability, sexual orientation or other protected characteristics is oral, written, graphic or physical conduct relating to an individual’s protected characteristics that is sufficiently severe and/or serious, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities.

The Maintenance of Public Order Rules: A set of rules and regulations adopted by the SUNY Board of Trustees for the prevention and abatement of campus disorders initiated by or engaged in by students, faculty, other employees of the College, guests and/or persons who enter the campus without authorization or invitation.

Non-consensual Sexual Contact: Any intentional sexual touching, however slight, with any object, by a man or a woman upon a man or a woman that is without consent and/or by force.

Non-consensual Sexual Intercourse: Any sexual intercourse, however slight, with any object, by a man or woman upon a man or a woman, that is without consent and/or by force. Intercourse includes: vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact.

Organization: Any student club or group which is officially recognized by the College.

President: The chief administrative officer of the College.

Professional Staff: All members of the professional staff who are employed by the College for purposes other than classroom instruction.

Reasonable: Within the bounds of common sense. A standard used by courts to determine the “reasonableness” of conduct in question.

Retaliation: Any action by any person that is perceived as intimidating, hostile, harassing, retribution, or violent that occurred as a result of the making and follow-up of a report of a violation of this Code of Conduct. No member of the University community shall retaliate, intimidate, threaten, coerce or otherwise discriminate against a person who files a Title IX complaint, serves as a witness, or assists or participates in a Title IX proceeding in any manner. Participants who experience retaliation should report the incident to University Police or the Vice President for Student Affairs/Dean of Students immediately.

Review: To examine with an eye to criticism or correction.

Search: To examine in order to find something concealed.

Sex Discrimination: Sexual discrimination includes all forms of: sexual harassment, sexual assault, and sexual violence by employees, students, or third parties against employees, students, or third parties. Students, College employees, and third parties are prohibited from harassing other students and/or employees whether or not the incidents of harassment occur on the College campus and whether or not the incidents occur during working hours.

Sexual Exploitation: Occurs when a student takes non-consensual or abusive sexual advantage of another for their own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:

  • Invasion of sexual privacy
  • Prostituting another student
  • Non-consensual video or audio-taping of sexual activity;
  • Going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex);
  • Engaging in voyeurism;
  • Knowingly transmitting an STI or HIV to another student;
  • Exposing one’s genitals in non-consensual circumstances;
  • Inducing another to expose their genitals;
  • Sexually-based stalking and/or bullying may also be forms of sexual exploitation.

Sexual Harassment: Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of sex, the student’s ability to participate in or to receive benefits, services, or opportunities in the educational institution’s program.

Sexual Violence: Physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.

Stalking: The term stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to cause a reasonable person to fear for his or her safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm him or her.

Student: A person who is enrolled either full- or part-time in courses of study or programs offered by the College.

Student Government Association: A student government organization composed entirely of student representatives elected and/or appointed in accordance with its Constitution and Bylaws.

Summary Action: A disciplinary process where the accused party and the adjudicating officer come to agreement on the violation(s) of the Code of Student Conduct and the appropriate disciplinary sanction(s) in lieu of appearing before a disciplinary hearing board.

Support Person: The respondent and complainant may be assisted during disciplinary hearings and related meetings, by a support person of their choice. The respondent and complainant may present witnesses and may produce other evidence for consideration by the hearing board or judicial officer. The respondent and complainant are responsible for presenting evidence on their own behalf. The support person may speak privately to their advisee, respondent or complainant, during the proceeding. Either party may request a brief recess to consult with their support person which will be granted at the discretion of the hearing board Chair. Support persons for the respondent and complainant may not present evidence or question witnesses.

30.7.2 Bill Of Rights

  1. The following enumeration of rights shall not be construed to deny or belittle other rights retained by students in their capacity as members of the student body or as citizens of the community at large:
    1. Free inquiry, expression and assembly are protected for all students. Discussion and expression of all views are permitted within the College, subject to the provisions of the Regulations and Procedures for Maintaining Public Order on Campuses of the State University, and to the legally recognized conditions placed upon the rights of free speech and expression.
    2. Students are free to pursue their educational goals; appropriate opportunities for learning in the classroom and on the campus shall be provided by the College.
    3. The right of students to be secure in their persons, residence hall, papers and effects against unreasonable searches and seizures is protected subject to the terms of the residence hall license.
    4. With the exception of an interim suspension that may be imposed as described in Article V, Section 6, no disciplinary sanction(s) that interferes with the student’s ability to continue the education process, may be imposed on any student(s) without notice to the accused of the nature and cause of the charges and a fair hearing complies with due-process requirements.

Access to Higher Education

  1. Within the limits of its facilities, the College shall be open to all applicants who are qualified according to its admission requirements. The College shall make clear the characteristics and expectations of students that it considers relevant to its programs.

Expression

  1. Discussion and expression of all views contributing to the understanding of the subject matter is permitted in the classroom, subject only to the responsibility of the instructor to maintain order.
    1. Students are responsible for learning the content of material assigned or discussed, for all courses in which they are enrolled.
    2. Requirements for participation in classroom discussion and submission of written exercises are not inconsistent with this section.
  2. Academic evaluation of student performance shall be neither discriminatory nor arbitrary and capricious.
  3. Support of any cause by orderly means which does not interrupt the operation of the College is permitted; subject to reasonable conditions may be imposed as to notification, time and place.
  4. Students, groups, and campus organizations may invite and hear any person of their own choosing, subject only to the requirements for use of College facilities (Section 16) and the ability to meet all contractual obligations and in accordance with campus, local and State laws and regulations.
  5. The College community will not impede the student’s opportunity to be interviewed by or otherwise to meet with potential employers whose hiring practices and business activities comply with Federal and New York State laws and regulations. This section shall not be so construed as to frustrate any other reasonable and necessary rules pertaining to job recruitment on the campus.

College Government

  1. All constituents of the College community are free, individually and collectively, to express their views on issues of College policy and on matters of interest to the student body. The President shall provide clearly defined means for student expression on all College policies affecting academic and student affairs.
  2. The role of the student government and its responsibilities shall be made explicit. There should be no review of student government actions except where review procedures are agreed upon in advance or clearly mandated by law or by SUNY regulation.
  3. Where the College owns and/or operates residence halls, students shall significantly participate in the development of programs and policies directly and substantially affecting their personal lives, including the imposition of sanctions for violations of stated norms of conduct, except that the College may direct minimal standards to insure compliance with all Federal, State and local laws, and regulations of the State University of New York.
  4. On questions of educational policy, students are entitled to a participatory function.
    1. Faculty-student committees shall be created to consider questions of and to make recommendations concerning policy directly affecting student life.
    2. Students shall be designated as members of standing and special advisory committees concerned with College policy affecting academic and student affairs, including those concerned with curriculum, discipline, admissions, and allocating of student funds.

This section shall not be construed as a limitation on students’ rights to be members of committees serving a function other than advisory whenever such membership is permitted under the Policies of the Board of Trustees, Regents Regulations, or the laws or regulations of the State of New York.

Campus Organizations

Sections 12-18 that primarily concern organizations recognized by SGA are intended to complement the policies, procedures, and rules of the College that concern organizations and groups, not so recognized.

  1. Organizations and groups may be established within the College for any legal purpose. Subject to regulations of the State University of New York, affiliation with an extramural organization shall not, in itself, disqualify the College branch or chapter from College privileges.
  2. A student group shall become an organization when formally recognized by SGA.
    1. All student groups that meet the following requirements shall be recognized:
      1. Submission of a list of officers and copies of the constitution and by-laws to the appropriate SGA official or body. All changes and amendments shall be submitted within one week after they become effective.
      2. Where there is affiliation with an external organization, that organization’s constitution and by-laws shall be filed with the appropriate SGA official or body. All proposed amendments shall be submitted at least 14 days prior to their becoming effective.
      3. All sources of outside funding shall be disclosed.
    2. Upon recognition of an organization, the SGA shall make clear that said recognition infers neither approval nor disapproval of the aims, objectives, and policies of the organization.
    3. Any organization or group that engages in activities in violation of the law or the policies, procedures and rules of the College, on- or off- campus, may have sanctions imposed against it, including withdrawal of SGA recognition and the denial of privileges afforded to organizations or groups.
  3. Membership in all SGA-recognized organizations within the limits of College facilities shall be open to any student of the College who is willing to subscribe to the stated aims and to meet the stated obligations of the organizations.
  4. Names and addresses of officers and advisors are required as a condition of access to the College or SGA funds.
  5. College facilities may be utilized by organizations and groups within the College community for regular business meetings, social programs, and programs open to the public.
    1. Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of the space assigned, to regulate time and use, and to insure proper maintenance.
    2. Preference may be given to programs designed for audiences consisting primarily of members of the College community.
    3. Allocation of space shall be made based on priority of requests and the demonstrated needs of the organization or group.
    4. The College may delegate the reservation function to an administrative official or to another employee(s).
    5. Charges may be imposed for any unusual costs for use of facilities.
    6. Physical abuse of assigned or reserved facilities shall result in reasonable limitations on future allocations of space to offending parties, and restitution for damages. Organizations shall be secondarily liable for damages occasioned by the physical abuse of the facilities during use of such by their organization. Primary liability rests with the individual(s) who caused the damage.
    7. The group or organization requesting space must inform the College of the general purpose of any meeting open to persons other than the organization’s members and the names of outside speakers must be provided.
  6. The collection, appropriation and disbursement of student activity fees must conform to the existing policies of the State University Board of Trustees. The Student Government Association shall prepare and recommend a budget for the expenditure of such fees. This budget must be submitted to, and approved by, the President or their designee for his/ her review and determination that the allocations are in compliance with the policies and procedures which govern the use of these fees before such monies are disbursed.
  7. In accordance with the Board of Trustees’ Resolution and accompanying guidelines issued by the Office of the Chancellor, dated May 31, 1967, the following regulations concerning the use of the name of the University and the College are in effect:
    1. No student shall indicate having a relationship with the College or University beyond that of his or her officially enrolled status.
    2. Student organizations and individual students may indicate on their letterhead that they are located at the State University of New York College at Canton. In no way shall letterheads or correspondence imply that a group or an individual has the authority to act in the name of the College or the University, or in any way make binding commitments on the College or University.
    3. Announcements, letters, bulletins, posters, etc., promoting or describing an event, meeting, program, etc., or stating a position, point of view, or concern must clearly indicate the sponsoring or posting organization(s).

Publications

  1. All written material shall clearly identify its origin (student or organization) and the stamp of posting approval from the Student Activities, Involvement & Leadership (SAIL) office prior to posting.
  2. The student press is to be free of censorship. The editors and managers shall not be arbitrarily suspended because of student, faculty, administrative, alumni, or community disapproval of editorial policy or editorial content. Similar freedom is assured oral statements of views on a College-controlled and student-operated radio or television station. Editorial freedom entails a corollary obligation under the canons of responsible journalism and applicable regulations of the Federal Communications Commission.
  3. All student communications shall explicitly state on the editorial page or in broadcast that the opinions expressed are not necessarily those of the College or its student body.

Privacy

  1. College officials may enter a student room in a residence hall without prior notification to determine compliance with Federal, State, and local law, and College policies, procedures, and rules where there is reasonable cause to believe that a violation has occurred or is occurring.
  2. Generally, except where conduct limits the College’s pursuit of its educational objectives, no inquiry is permitted into the lawful activities of students away from the campus.
  3. When the College seeks access to a student room in a residence hall to determine compliance with provision of applicable multiple-dwelling unit laws or for improvement or repairs, the occupant shall be notified of such action not less than 24 hours in advance. There may be entry without notice in emergencies where imminent danger to life, safety, health, or property is reasonably feared or where a diligent effort has been made to notify the student resident and entry is made in the course of management duties; in such cases, the College shall notify the student that entry into their room has been made, and reason(s) therefore shall be stated in such notice.
  4. The privacy and confidentiality of all student records shall be preserved as governed by FERPA or other applicable state and federal laws.

30.7.3 Statement of Student’s Responsibilities

Students enrolled at SUNY Canton possess specific individual and group rights and responsibilities which serve to guide campus personnel in making decisions concerning academics, student welfare and behavior. The following statements define expectations regarding these rights and responsibilities. Each resident has the right to engage in activities that are a part of college life. However, these rights carry with them reciprocal responsibilities on the part of the individual to insure these same rights for other members of the campus community.

Students Have the Responsibility . . .

  1. To respect the rights of others, as stated above.
  2. To adhere to campus rules and regulations.
  3. To comply with reasonable requests made by campus officials.
  4. To meet expected campus payment schedules.
  5. To monitor and accept responsibility for behavior of guests.
  6. To report violations of rules and regulations to appropriate staff.
  7. To participate actively in campus and self governance.
  8. To participate in campus committees as requested.
  9. To participate in judicial proceedings to determine appropriate standards of behavior.
  10. To contribute positively to the campus community by participating in educational and developmental activities.

30.7.4 Prohibited Conduct

College discipline shall be limited to conduct by a student occurring on campus, or at events sponsored by the College, or at events sponsored by recognized student organizations and student groups as described in the Code of Student Conduct, Rights, and Responsibilities, and to conduct occurring off campus by a student which may adversely affect the College. Violations of any of the following provisions are subject to disciplinary action and may result in the imposition of one or more sanctions listed in Article V. (Please note that the Regulations and Procedures for Maintaining Public Order on Campuses of the State University of New York also includes prohibited conduct that may be dealt with under the disciplinary procedures of the Regulations.) When the Code and the Regulations overlap, the procedures in the Code will be followed.

The College reserves the right, in accordance with SUNY, federal, state, and local guidance and best practices, to implement or modify policies or add measures to support the health and well-being of our community during pandemics/major health emergencies. These measures or modifications may include, but not be limited to, mask-wearing, social distancing, testing, vaccinations, or restrictions on activities, events, or spaces on campus. Any changes will be provided in writing to the campus community in a timely fashion.

Any student found to have committed the following misconduct is subject to disciplinary sanctions:

  1. AFFILIATION - Any student who becomes involved or continues involvement with a student club or organization which SUNY Canton has suspended, expelled or removed its recognition may be subject to disciplinary action by the College. In addition, any student who becomes a member and/or participant of an organization or loosely knit unit which gives the impression it is a SUNY Canton club/organization by using the College’s name, logo or recruits SUNY Canton students may also be subject to disciplinary action from the College. Disciplinary action may range from a verbal warning through full suspension from the College.
  2. ALCOHOL
    1. Use or possession of alcoholic beverages except as expressly permitted by law, College regulations; and/or public intoxication;
    2. Distribution of alcoholic beverages except as expressly permitted by law and College regulations and permission to serve alcohol must be obtained by application to the Alcohol Review Board, MacArthur Hall 604.
  3. ALTERING A STUDENT’S REGISTRATION OR STUDENT DATA - Any student who, for purposes of fraud or misrepresentation, falsifies, forges, defaces, alters, or mutilates in any manner any official College document or representation thereof.
  4. AMPLIFICATION - Use of amplification/audiovisual equipment in any of the reservation facilities must receive advance approval from the Student Activities, Involvement & Leadership (SAIL) office and, if granted, must not interfere with any public office, library, classroom, or other College function. Requests for reduction in volume by faculty/staff and/or designee must be complied with upon notification.
  5. ARSON - A person is liable if, by any act, they commit arson by causing a fire or explosion on any College building or property.
  6. ASSAULT - A person is guilty of assault when they slap, kick, shoves, or otherwise strikes another person.
  7. ATTEMPT - A person is guilty of an attempt to violate the Student Rules and Regulations, or to commit a crime, when they, with intent to violate or commit same, engages in conduct which tends to effect the violation of such student rule or regulation or the commission of such crime.
  8. BICYCLING, SKATEBOARDING, ROLLERBLADING - Prohibited operation includes:
    1. operation in any College building or facility;
    2. operation in a reckless or unsafe manner.
  9. BULLYING - Systematically and chronically inflicting physical hurt or psychological distress on one or more individuals. It is further defined as unwanted purposeful written, verbal, non-verbal or physical behavior including, but not limited to, any threatening, insulting, or dehumanizing gesture by a student that has the potential to create an intimidating, hostile, or offensive educational/living environment or causes long-term  damage, discomfort or humiliation; or to unreasonably interfere with another individual’s school performance or participation; is carried out repeatedly; and is often characterized by an imbalance of power.

       Bullying may involve, but is not limited to:

    1. Unwanted teasing
    2. Threatening
    3. Intimidating
    4. Stalking
    5. Cyber-stalking
    6. Cyber-bullying
    7. Physical violence
    8. Theft
    9. Sexual, religious, or racial harassment
    10. Public humiliation
    11. Destruction of school or personal property
    12. Social exclusion, including incitement and/or coercion
    13. Rumors or spreading of falsehood.
  1. COLLEGE GROUNDS - Use of College space and grounds by an organization or person without reservation of the space or proper authorization.
  2. COMPLICITY - A person is guilty of complicity when they aid, help or otherwise assists another in violating any rule applicable to the College
  3. COMPUTER ABUSE - Theft or other abuse of computer time, including but not limited to:
    1. Unauthorized entry into a file, to use, read, or change the contents, or for any other purpose;
    2. Unauthorized transfer of a file;
    3. Use of another individual’s identification and password;
    4. Use of computing facilities to interfere with the work of another student, faculty member or College Official;
    5. Use of computing facilities and e-mail to send obscene or abusive messages;
    6. Use of computing facilities to interfere with normal operation of the College computing system;
    7. Any and all computer violations caused by individual using another student’s identification or password are the responsibility of the person who actually commits the violation and the owner of the identification password. Students must take steps to insure that no other individual has access to their computers or College computer account.
    8. Use of computing facilities, or computing equipment owned and maintained by the College, to engage in Illegal downloading, unauthorized peer-to-peer file sharing, or unauthorized distribution of copyrighted materials.

       All provisions of Article 156 of the NYS Penal Law (Offenses Involving Computers) apply at SUNY Canton.

  1. CONVERSION - A person is guilty of conversion when they, after having lawfully obtained possession of the property of another, wrongfully transfers, detains, substantially changes, damages, destroys, or misuses the property without the permission of the owner.
  2. CREDIT CARD MARKETING - SUNY Canton prohibits the advertising, marketing, or merchandising of credit cards on campus to students, unless expressly authorized and registered by the Vice President for Administrative Services. Registrants will be limited to specified dates and areas and are prohibited from offering gifts to a student in exchange for completing a credit card application
  3. DATING VIOLENCE - Dating violence is any act of violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the victim’s statement and with consideration of the type and length of the relationship and the frequency of interaction between the persons involved in the relationship. Two people may be in a romantic or intimate relationship, regardless of whether the relationship is sexual in nature; however, neither a casual acquaintance nor ordinary fraternization between two individuals in a business or social context shall constitute a romantic or intimate relationship. This definition does not include acts covered under domestic violence.
  4. DEMONSTRATIONS - Participation in a campus demonstration which disrupts the normal operations of the College and infringes on the rights of other members of the College community; leading or inciting others to disrupt schedules and/or normal activities within any campus building or area; intentional obstruction which unreasonably interferes with freedom of movement.
  5. DESTRUCTION OF PROPERTY -
    A person is guilty of destruction of property when they:
    1. destroys, defaces, materially alters or otherwise damages property not their own; or
    2. creates a condition which endangers or threatens property not their own.
  6. DISCRIMINATION - Based on race, ethnicity, gender, age, sexual orientation, religion, disability or veteran status.
  7. DISHONESTY - Acts of dishonesty, including but not limited to the following:
    1. Cheating, plagiarism, or other forms of academic dishonesty;
    2. Furnishing false information to any College official, faculty member, employee or office;
    3. Forgery, alteration, or misuse of any College or official document, record, or instrument of identification (e.g., driver’s licenses and passports);
    4. Tampering with the election of any College-recognized student organization.
  8. DISORDERLY CONDUCT - Conduct which is disorderly, lewd, or indecent; breach of peace; or aiding, abetting, or procuring another person to breach the peace on College premises or at functions sponsored by, or participated in by, the College.
  9. DISRUPTION - Disruption or obstruction of teaching, research, administration, disciplinary proceedings, other College activities, including its public-service functions on- or off-campus, or other authorized non-College activities, when the act occurs on College premises. The College reserves the right to determine where cases of disruption of public order should be referred.
  10. DOMESTIC VIOLENCE - Domestic violence is any violent felony or misdemeanor crime committed by a current or former spouse or intimate partner of the victim, a person sharing a child with the victim, or a person cohabitating with the victim as a spouse or intimate partner.
  11. DOORS-TAMPERING - Disablement of a locking mechanism or blocking open a door intended to be closed and locked.
  12. ELECTRONIC DEVICES - Any unauthorized use of electronic or other devices to make an audio or video record of any person while on University premises without their prior knowledge, or without their effective consent when such a recording is likely to cause injury or distress. (This includes, but is not limited to, surreptitiously taking a picture of another person in a gym, locker room, or restroom.)
  13. FALSE REPORTING - A person is guilty of falsely reporting an incident when they convey information known to be false or without basis to any College official, faculty member, or employee.
  14. FALSIFYING COLLEGE APPLICATION CREDENTIALS - Students found to have knowingly falsified application information are subject to immediate dismissal from the College.
  15. FALSIFYING GRADE CHANGES - In addition to any sanctions which may be imposed by an academic dean, other penalties may be assessed as a result of a judiciary hearing or plea agreement.
  16. FALSIFYING GRADES - A person is guilty of falsifying grades when they:
    1. submits a falsified universal grade change form to the college; or
    2. submits false grade information of any sort to a College office or department, employer, academic institution, etc.
    3. alters any academic coursework and/or examinations so as to unjustly affect the grade awarded to that assignment.
  17. FIRE - Fire alarms and fire fighting equipment, including but not limited to fire extinguishers, fire hoses, heat and smoke detectors, and sprinkler systems, are for the protection of building occupants. Any tampering with or misuse of this equipment is prohibited and may be punishable in the College judicial system and in the appropriate civil and/or criminal courts. Any time a fire alarm is activated, all people are required to follow the evacuation procedures for their particular building. Occupants must comply with the requests of Residence Life Staff, University Police personnel, or emergency personnel. Any violations will be referred to the appropriate college and/or civil judiciary.
  18. GAMBLING OR SOLICITATION ON CAMPUS - Students may not use College property for any activity prohibited by federal, state, local law or the Student Code of Conduct. Solicitation or the use of College facilities or resources for any personal gain or profit is prohibited. Examples of prohibited behavior include, but are not limited to engaging in any nature of business for personal benefit on College property or using College resources, gambling on College property.
  19. HARASSMENT - A person is guilty of harassment when they:
    1. threatens or intimidates a person creating a rational fear within that person; or
    2. engages in a course of conduct or repeatedly commits acts directed at another person which would seriously annoy a rational person; or
    3. creates a condition which endangers or threatens the health, safety or welfare of another person; or
    4. physically restrains or detains any other person, or removes any person from any place where they are authorized to remain; or
    5. engages in name calling, religious, ethnic or racial slurs, hate language, or obscene gestures which are severe or pervasive or persistent.
  20. HAZING - SUNY Canton prohibits the taking of any action, creating, or participating in the creation of any situation that endangers mental or physical health, endangers safety, involves the forced consumption of alcohol or drugs, or destroys or removes public or private property, for the purpose of initiation into, affiliation with, or as a condition for continued membership, in a group or organization. Individuals and/or organizations in violation of this policy are subject to disciplinary action by the appropriate disciplinary body of the College and may be subject to any applicable provision of the Penal Law. Students who are present for, but do not report the hazing of others, may be subject to disciplinary action under this policy as well. Any suspension/expulsion from the College due to hazing will result in a notation being placed on the student’s academic transcript, loss of all academic credits for the semester of violation, and liable for all the semester’s tuition and fees.
  21. I.D. CARD/KEYS/ACCESS CARDS- Unauthorized possession, duplication or use of keys/cards to any College premises or unauthorized entry to use of College premises. Upon request by a College official, these items must be turned over to the requesting individual.
  22. IMPAIRED DRIVING - Operating a motor vehicle while under the influence of drugs or alcohol including but not limited to:
    1. operating a motor vehicle while their ability to do so is impaired by the improper or illegal use of drugs or the consumption of alcohol; or
    2. operating a motor vehicle while in an intoxicated condition.
  23. INSUBORDINATION / OBSTRUCTION - Interfering with, or hindering the efforts of College officials, student staff, or law enforcement officers performing the duties of their office, especially as they are related to the enforcement of College policy or the maintenance of safety and security.
  24. JUDICIAL SYSTEM - Abuse of the Judicial System, including but not limited to:
    1. Failure to obey the summons of a judicial body or College official;
    2. Falsification, distortion, or misrepresentation of information before a judicial body;
    3. Disruption or interference with the orderly conduct of a judicial proceeding;
    4. Institution of a judicial proceeding knowingly without cause;
    5. Attempting to discourage an individual’s proper participation in, or use of, the judicial system;
    6. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding;
    7. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding;
    8. Failure to comply with the sanction(s) imposed under the Student Code;
    9. Influencing or attempting to influence another person to commit an abuse of the judicial system.
  25. LAWS - Violation of federal, state or local law shall be a violation of College Conduct Rules and Regulations. A finding of a violation under this rule does not require proof of a conviction in any non-campus legal proceeding.
  26. LEAVING THE SCENE - attempting to flee or unlawfully leaving the area of an accident, crime, or College violation (and/or areas of potential accidents, crimes, or violations). This includes fleeing an area to avoid being questioned, apprehended and/or detained by College officials, faculty members, or employees and/or law enforcement officers.
  27. MISREPRESENTATION - A person is guilty of misrepresentation when they knowingly perverts the truth for personal gain or favor.
  28. MISUSE OF COLLEGE SUPPLIES OR DOCUMENTS - A person is guilty of misuse of College supplies and documents when they forge, alters, uses without authority, receives without authority, or possesses without authority any College supplies or documents. (College supplies and documents include, but are not limited to, the following: supplies, equipment, keys, records, files, documents, all forms of computer data, and other materials.)
  29. PHYSICAL VIOLENCE - Physical violence or abuse (including acquaintance rape), verbal abuse, threats, intimidation, harassment, coercion and/or other conduct which threatens or endangers the health or safety of any person.
  30. POSSESSION - A person is guilty of possession when they knowingly obtain property, (including abandoned property), without the explicit authorization of the rightful owner.
  31. QUIET HOURS / COURTESY HOURS - Excessive noise (including, but not limited to noise from speakers/audio devices, yelling in zones designated for quiet such as the Silent Zone in the Library or during quiet hours in the residence halls, or otherwise creating a disturbance) which disrupts the opportunity for academic success in or on campus facilities or grounds. Courtesy Hours are in effect 24 hours a day in the residence halls and at no time should noise reach a level that disturbs roommates, other residents or members of the community.
  32. REASONABLE REQUEST OF A COLLEGE OFFICIAL - A person is guilty of failure to comply when they, knowing or having reason to know that the requesting person is a College official, fails to comply with a reasonable request. For the purpose of this section, a College official shall include, but not be limited to, an individual instructing a class, a librarian or designee in a library, a University Police Officer, and any Resident Assistant, Residence Hall Director or student employee, and members of the College staff carrying out their duties and responsibilities.
  33. REPEATED VIOLATIONS - Repeated violations of College policy which, by themselves, would not warrant suspension or dismissal, but collectively indicate that the student may not be suited for on-campus living and/or attendance at the College.
  34. RETALIATION - Acts of retaliation against those who file complaints with College officials or cooperate with investigations of alleged violations of the law or College policies.
  35. RULES - Violation of published College policies, rules, or regulations.
  36. SELF-DEFENSE SPRAY - Considered physical assault when circumstances do not justify the use of such a device. Other forms of misuse include dispensing for the purpose of disruption of College operations or events.
  37. SEXUAL MISCONDUCT - The act of consent requires spoken words or behavior that indicates, without doubt to either party, a mutual agreement to participate in sexual intercourse or other sexual activities. Indicators of consent do not include silence or past or present sexual relationship(s). A person is deemed incapable of consenting when that person is mentally defective, mentally incapacitated, physically helpless (whether induced by drugs, alcohol, or otherwise), or asleep.  The use of alcohol or other drugs cannot be considered an excuse for rape or sexual assault.  Rape or sexual assault can be committed by a friend, acquaintance, or stranger.  Sexual misconduct can be defined as one or more of the following:
    1. Forcible Rape: Forcing or coercing someone to have vaginal, penile, oral, or anal penetration/sexual intercourse.  Rape may involve the use or threat of force, violence, or immediate and unlawful bodily injury. The perpetrator does not need to use a weapon or produce physical harm; the threat of force, expressed or implied, is sufficient to categorize the act as rape.  Rape also occurs when the victim is incapable of giving legal consent because the victim is less than 17 years of age, mentally incapacitated, physically helpless (including drug or alcohol intoxication), mentally incompetent, or asleep.
    2. Acquaintance Rape/Date Rape: Sexual intercourse undertaken by a friend, date, or acquaintance without consent.  Acquaintance rape includes sexual intercourse that occurs through force, as a result of threat(s), physical restraint or physical violence, or without consent.
    3. Sexual Abuse: Forcing or coercing a man or woman to engage in any sexual contact other than intercourse under the circumstances previously mentioned in the description of Forcible Rape or Acquaintance Rape including taking non-consensual advantage of another person for one’s own or another’s benefit. 
    4. Sexual Harassment: (Based on Equal Employment Opportunity Commission and Office of Civil Rights regulations):  Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when:  (1) submission to, or enduring such conduct, when rejection is made either explicitly or implicitly a term or condition of instruction, employment, or participation in other College activity, or (2) submission to, or rejection of, such conduct by an individual is used as the basis for making academic or personnel decisions affecting the individual; or, (3) such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive College environment.
  38. SMOKING - Prohibited in all College-owned and operated buildings, doorway areas, loading docks, and outdoor areas, and in all vehicles owned and operated by the College unless the area has been officially designated as a smoking area (see Residence Hall regulations also).
  39. STALKING - The term stalking means intentionally engaging in a course of conduct, directed at a specific person, which is likely to causes a reasonable person to fear for their safety or the safety of others or cause that person to suffer substantial emotional damage. Examples include, but are not limited to, repeatedly following such person(s), repeatedly committing acts that alarm, cause fear, or seriously annoy such other person(s) and that serve no legitimate purpose, and repeatedly communicating by any means, including electronic means, with such person(s) in a manner likely to intimidate, annoy, or alarm them.
  40. SUBSTANCES - Use, possession or distribution of illegal/dangerous drugs as defined in the New York State Penal Law including hallucinatory, narcotic or other synthetic drugs, controlled substances and/or related paraphernalia except as expressly permitted by law. This also includes the illegal use or sale of prescription drugs. All students found in rooms where illicit drugs are reasonably believed to be present or in use may be subject to College judicial action.
  41. THEFT - A person is guilty of theft when they, knowing property not to be their own, takes such property for their own use, pleasure, or possession; and, theft of services.
  42. TRAFFIC - Obstruction of the free flow of pedestrian or vehicular traffic on College premises or at College-sponsored or supervised functions.
  43. TRESPASS/UNAUTHORIZED ENTRY - A person knowingly enters or remains unlawfully in a building, office, residence hall room or any other properties of the College at any time without permission or authorization.
  44. WEAPONS - The possession of any explosive device, dangerous chemical, firearm or weapon, (including air guns, BB guns, soft air guns, paintball guns, and archery equipment) or any weapon in which the propelling force is spring, piston, or CO2 cartridge, or any deadly weapon as defined in the New York State Penal Law or any knife, object that can be construed as a dangerous instrument.

30.7.5 Sanctions

Disciplinary sanctions may be imposed on students or organizations that violate the Code of Student Conduct. Any of the sanctions listed below may be imposed with specific terms and conditions as determined by the College.

  1. Admonition: Written warning that continuation or repetition of misconduct may result in further disciplinary action.
  2. Community Service: The student as part of their sanction may be assigned a community service project which is unpaid work that benefits the College community. The Vice President for Student Affairs/Dean of Students or their designee will monitor performance of the community service. Failure to complete the assigned community service within the specified period of time will result in an appearance before the original sanctioning body/person and may result in an increased assignment and/or additional sanctions.
  3. Denial of Service: Request to leave a campus office/service for a specified period of time. This may include suspension from campus social activities/events as deemed by the Vice President for Student Affairs/Dean of Students or their designee.
  4. Disciplinary Warning: This is meant as a warning that the student’s status at the College is in jeopardy. Future violations of the Code of Conduct may result in the student’s removal from the residence halls, loss of certain social privileges or suspension from the College.
  5. Disciplinary Jeopardy: This is meant as a strong warning that the student is in jeopardy at the College. The next incident will likely result in the student’s suspension from the residence halls and/or College and loss of certain social privileges.
  6. Disciplinary Probation: The student is not permitted to live on campus for a specified period of time and is additionally restricted from the residence halls during that time period. If the student is found in the residence halls during that time period, they will be arrested for criminal trespass by the University Police Department. Further the next incident will result in the student’s immediate suspension from the College for a period of one academic year.
  7. Expulsion: Permanent termination of student status at SUNY Canton. Expulsion will be noted on the student’s permanent record.
  8. Exclusion from Dining Hall: Loss of dining privileges for a specified period of time.
  9. Interim Suspension: While normally no action will be taken against a student/organization until charges have been heard in accordance with the hearing process established under the Code, a student/organization may be suspended pending a hearing on the charges whenever, in the judgment of the President or the President’s designee, the continued presence of the student/organization would constitute a clear danger to the student or to the safety of persons or property on College premises, or would pose an immediate threat of disruptive interference with the normal conduct of College activities.
    During the interim suspension, the student may be denied access to the residence halls and/or to College premises (including classes) and/or all other College activities, privileges, or services for which the student might otherwise be eligible, or as the Office of the Vice President for Student Affairs/Dean of Students determines to be appropriate. If suspended in this manner, the student is entitled to an interview with the Vice President for Student Affairs/Dean of Students or his or her designee, in order to outline the process through which the student’s actions will be adjudicated through the student judicial process.
  10. Loss of Parking Privileges on the Campus
  11. Restitution: Reimbursement for damages to or misappropriation of property.
  12. Sanctions Against College-Recognized Organizations: The following sanctions may be imposed on College-recognized organizations: admonition, community service, disciplinary probation, dismissal from College, interim suspension, loss of use of College facilities or equipment, restitution, and/or suspension from the College. Greek Council Hearing Board can also impose a monetary penalty against Greek Organizations.
  13. Suspension from Residence Hall: Loss of the privilege of living in College residence halls. The imposition of this sanction may include exclusion of the offender from all residence hall facilities and activities for the same period as the revocation of license.
  14. Suspension from College: Termination of student/official organization status for a definite period of time. Suspensions will be noted on student’s permanent record.

NOTE: Failure to satisfactorily complete a disciplinary sanction within the prescribed time frame may result in suspension from College for a minimum of one semester. The suspension would be recorded on the academic transcript.

NOTE: The University considers dating violence, domestic violence, sexual assault, and stalking as extremely serious violations and subject to suspension and/or expulsion from the University. In such cases, an Interim Suspension may also be issued as deemed appropriate by the Vice President for Student Affairs/Dean of Students or designee.

30.7.5.1 Notification of findings

Within ten(10) class days after the adjournment of a judicial hearing, the hearing board shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Vice President for Student Affairs/Dean of Students to have a legitimate interest in the result to their official SUNY Canton email.  In the case of sexual misconduct and violations involving dating violence, domestic violence, sexual assault, or stalking, both the complainant and respondent shall also receive simultaneousdays notice of the results and sanctions imposed (and the rationale for the result and sanctions), as well as notice of the appellate procedures available, any possible changes to the result that may occur before it becomes final, and when the result becomes final.

30.7.5.2 Notification of Parents and Campus Officials/Offices

The College is committed to a goal of student maturity and self-direction. The College also recognizes that some students have developed these qualities to a greater extent than others. In some cases, where a student has shown a pattern of irresponsible behavior and has not responded to College assistance or resources, parents/guardians may be notified. When a student is suspended, parents/guardians may be contacted. All parental notification shall comply with the provisions of the Family Educational Rights and Privacy Act. Students are urged to discuss all conduct violations with their parents or guardians. The College also reserves the right to notify the appropriate College offices (which may include, but is not limited to:  EOP, Residence Life, Athletics, Counseling, University Police, administration) as well as academic advisors and School Deans as applicable when students have been placed on disciplinary probation, interim suspension, residential suspension, College suspension or expulsion.  All campus notification shall comply with the provision of the Family Educational Rights and Privacy Act.

30.7.6 Adjudication

Every student has the right to appear before a Judicial Hearing Board if they choose to exercise it. The adjudicating officer can also elect to present a case to the Judicial Board even if it is against the wishes of the student being charged.  Students may also elect to be adjudicated through Summary Action. In Summary Action the accused party and the adjudicating officer come to agreement on the violation(s) of the Code of Student Conduct and the appropriate disciplinary sanction(s). The agreed-upon disciplinary action is written up and both parties sign agreeing to the resolution. In so doing, the offender is relinquishing all rights to appeal once the Summary Action form is signed.

Note: Failure on the part of the student to meet with the adjudicating officer to discuss a disciplinary matter is in itself a violation of the Code of Student Conduct and is subject to disciplinary action. 

The respondent and complainant may be assisted during disciplinary hearings and related meetings, by a support person of their choice. The respondent and complainant may present witnesses and may produce other evidence for consideration by the hearing board or judicial officer. The respondent and complainant are responsible for presenting evidence on their own behalf. The support person may speak privately to their advisee, respondent or complainant, during the proceeding. Either party may request a brief recess to consult with their support person which will be granted at the discretion of the hearing board Chair. Support persons for the respondent and complainant may not present evidence or question witnesses.

30.7.7 Disciplinary Hearing Boards

30.7.7.1 Judicial Hearing Board

The Judicial Hearing Board will hear disciplinary cases and/or cases involving violations of the Code of Conduct. The Board has the following responsibilities: hears all evidence related to the case in question; seeks answers to all questions pertaining to statements and evidence presented; reaches a finding regarding responsibility for charges against the student after full discussion of the case in closed session and presents the finding to the adjudicating officer within 24 hours after the hearing concludes, or the next business day if the hearing concludes on a Friday. Any sanctions given will be provided to the student in writing within ten class days.

The Judicial Hearing Board has the authority to impose all the sanctions listed in Article V. The Judicial Hearing Board also acts as a hearing body of first jurisdiction at the request of the President or the President’s designee in cases where the safety of persons or property of the College community is believed to have been threatened. In cases heard by the Judicial Hearing Board, their decision is final except when suspension or expulsion from College is recommended. In such cases, only suspension or expulsion (Article V, Sec. 7 & 14) are subject to review by the President or the President’s designee.

The Judicial Hearing Board is comprised of:

    1. Students - Students must be full-time, matriculated students, must have cumulative honor point indexes of not less than 2.00, except for first-semester freshmen, and must not have incurred a penalty for campus misconduct other than admonition.
    2. Faculty - One of which will serve on each hearing. The faculty members must be employees who must have worked at the College for at least one year.
    3. Administration - are members of the non-teaching professional staff, one of which is assigned to each hearing as available and will serve as the chair of the Board for that hearing.
    4. Advisor - this person shall serve only to assist in clarifying or answering questions regarding policies or judicial processes, and is not a voting member of the hearing board.

Notification of findings

Within ten (10) class days after the adjournment of a judicial hearing, the hearing board shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Vice President for Student Affairs/Dean of Students to have a legitimate interest in the result to their official SUNY Canton email.  In the case of sexual misconduct and violations involving dating violence, domestic violence, sexual assault, or stalking, both the complainant and respondent shall also receive simultaneous notice of the results and sanctions imposed (and the rationale for the result and sanctions), as well as notice of the appellate procedures available, any possible changes to the result that may occur before it becomes final, and when the result becomes final.

30.7.7.2 Residence Hall Hearing Board

There shall be a standing central Residence Hall Hearing Board (RHHB) composed of six residential students, who are nominated by the hall staff and one Resident Assistant nominated by the Resident Assistants who will serve as Chair of the Board. The Director of Residence Life or their designee will serve as the advisor to this Board. The RHHB will provide resident students with an opportunity to present cases before their peers, thus giving residents a greater degree of autonomy and “hands-on” judicial experience in communal living. When dealing with a disciplinary matter, students are afforded the right to appear before a Judicial Hearing Board (of the adjudicating officer’s discretion) or the opportunity to accept summary action wherein they waive their right to appear before a Judicial Hearing Board. The adjudicating officer can also elect to present a case to the Judicial Board even if it is against the wishes of the student being charged. The RHHB has the authority to impose all official sanctions listed in Article V except suspension or expulsion from the College.

Notification of findings

Within ten (10) class days after the adjournment of a judicial hearing, the hearing board shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Vice President for Student Affairs/Dean of Students to have a legitimate interest in the result to their official SUNY Canton email. In the case of sexual misconduct and violations involving dating violence, domestic violence, sexual assault, or stalking, both the complainant and respondent shall also receive simultaneous notice of the results and sanctions imposed (and the rationale for the result and sanctions), as well as notice of the appellate procedures available, any possible changes to the result that may occur before it becomes final, and when the result becomes final.

30.7.7.3. Parking Violations Appeals Board

The Chief Administrative Officer (President) shall designate a hearing officer or board not to exceed six persons to hear complaints for violation of campus traffic and parking regulations enforceable on campus. Such hearing officer or board shall not be bound by the rules of evidence but may hear or receive any testimony or evidence directly relevant and material to the issues presented.

The Board will be comprised of a panel of six persons as follows:

    1. Two students
    2. Two faculty
    3. Two classified staff
    4. Any three persons, one from each constituency, shall constitute a quorum to hear appeals.

30.7.8 Responsibilities of Administrative Officers

  1. The President/Acting President or designee shall review all recommendations of the Judicial Hearing Board involving suspension or expulsion from the College (Article V, Sec. 7 & 14). Before reaching a decision, the President/Acting President may consult with the appropriate person(s) or parties. The President or their designee may summarily suspend a student/organization pending a hearing if the student/organization (Article V, Sec. 14) is believed to constitute a clear and present danger to the safety of persons or property of the academic community. The President or their designee shall allow the accused student/organization an immediate explanation in writing with respect to such suspension.
  2. The adjudicating officer has the following responsibilities:
    1. Review and determine if sufficient evidence exists to charge the accused.
    2. Notify the accused in writing of the nature of the charge(s). Notification will also include the nature of the Hearing Board, date, time, and location of the hearing, a statement of the student’s rights, and information on the hearing procedures. The notice may be hand delivered; placed into a student’s residence hall mailbox; sent by e-mail to the accused student’s official College e-mail address, or mailed to the last known address of the student, either by certified mail or first class mail.
    3. Works with the Chair of the Judicial Hearing Board to set the hearing date and time and composition of the Board.
    4. Coordinate the follow-up to ensure that the sanction is carried out.

30.7.9 Procedures for Judicial Hearings For all Campus Judicial Boards:

For all Campus Judicial Boards:

  1. Charges of alleged misconduct (under Article IV) may be brought against any student or organization.
  2. Before a student’s/organization’s case is presented before a campus Judicial Board (except when the Maintenance of Public Order Committee has jurisdiction), the procedures below must be followed: A student/organization must be:
    1. Given written notice of the charges and access to all written statements expected to be used during the hearing.
    2. Notified of the right to obtain a support person and the right to refuse to answer questions. If a support person will be present, the guidelines outlined in Section 15.9 3 (B) must be followed.
    3. Notified of the time and place of the hearing and given at least four calendar days from the time the student receives their charge letter and notice of hearing date and time, as well as access to all written statements to be used at the hearing in order to prepare a defense. The student/organization may waive, in writing, the right to a four-calendar day waiting period.
  3. The College recommends that all students and organizations adhere to the following procedures:
    1. Take four calendar days to prepare their defense; and
    2. The reporting individual and the respondent have the right to be assisted by any advisor they choose, at their own expense, if the advisor of choice charges a fee. The respondent and complainant may present witnesses and may produce other evidence for consideration by the hearing board or judicial officer. The reporting individual and/or the respondent are responsible for presenting their own case and, therefore, advisors are not permitted to speak or to participate directly in this portion of the hearing. The advisor may speak privately to their advisee, respondent, or complainant, during the proceeding. Either party may request a brief recess to consult with their advisor which will be granted at the discretion of the hearing board Chair. Respondents and reporting individuals must inform the Student Conduct Office no later than 24 hours prior to the hearing, or by 9am on the business/school day prior to the hearing if the hearing follows a weekend or holiday who their advisor of choice is. Respondents and reporting individuals are required to have an advisor present for the purpose of cross examination. As a result, if a party does not select an advisor, the College will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.

      NOTE: Attendance at hearings is limited to those directly involved or those requested by the hearing officer or Board to attend. The hearing officer or Board will take reasonable measures to assure an orderly hearing, including removal of persons who impede or disrupt proceedings.

  4. If a student/organization fails to appear before the Judicial Board, the party’s advisor may appear and conduct cross-examination on their behalf. If neither a party nor their advisor appear at the hearing, SUNY Canton will provide an advisor to appear on behalf of the non-appearing party. NOTE: If a party or witness does not submit to cross-examination, the Judicial Board cannot rely on any prior statements made by that party in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a “statement” by that party.
  5. A hearing body shall not be bound by the strict, technical rules of judicial evidence, but may hear or receive any testimony or evidence which is relevant to the charges and will contribute to the rendering of an impartial and fair judgment by the Hearing Board.
  6. The College, the respondent(s), and the reporting individual shall have the privilege of presenting witnesses, subject to the right of questioning by the judicial hearing board, the reporting individual’s advisor and the respondent’s advisor.
  7. At the conclusion of the review, the Judicial Hearing Board shall determine (by simple majority vote) whether the student has violated each section of the Student Code of Conduct, which the student is charged with violating.
  8. Any sanctions given will be provided to the student in writing within ten class days. Within ten (10) class days after the adjournment of a judicial hearing, the hearing board shall submit written findings of fact, conclusions regarding the charge(s), and imposition of a sanction, if any, to the respondent and any College official who is determined by the Vice President for Student Affairs/Dean of Students to have a legitimate interest in the result to their official SUNY Canton email. In the case of sexual misconduct and violations involving dating violence, domestic violence, sexual assault, or stalking, both the complainant and respondent shall also receive simultaneous notice of the results and sanctions imposed (and the rationale for the result and sanctions), as well as notice of the appellate procedures available, any possible changes to the result that may occur before it becomes final, and when the result becomes final.
  9. The adjudicating officer shall keep record of the substance of the hearing. Such records remain the property of the College. Only College judicial affairs staff may record judicial meetings or proceedings. No other recordings are permitted. Such records often contain personally identifiable and sensitive information about participants. The adjudicating officer may report the findings to the College community without revealing personally identifiable information.
  10. Adjournments or Extensions: The chairperson shall have the authority to adjourn or postpone hearings if, in their opinion, extenuating circumstances are justifiably raised by the accused student(s), the adjudicating officer/ designee, or individual judicial board members. The judicial hearing board may adjourn the hearing, imposing temporary sanctions, and schedule sanctioning for a later date. All deadlines and time requirements in the Code may be extended for good cause as determined by the Vice President for Student Affairs/ Dean of Students. Both the respondent and the complainant will be notified in writing of the delay, the reasons for the delay, and provided the date of the new deadline or event. Extensions will not be longer than 5 business/school days. Temporary sanctions may be imposed by the Vice President for Student Affairs/ Dean of Students or designee during any extension.
  11. Appeals: A request for an appeal may only be submitted when the student believes:
    1. A procedural error occurred during the process, which had a direct impact on the finding. (i.e. a failure to follow the College’s own procedure)
    2. That new information has come to light, which has a direct impact on the finding. New evidence is that which was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
    3. The finding or sanction imposed is unfair or inappropriate.
    4. Conflict of Interest or Bias. The Title IX Coordinator, investigator, or decision-maker had a conflict of interest or bias for or against the reporting individuals or respondents generally or the individual reporting individual or respondent that affected the outcome of the matter.

      Appeals shall be directed through the online appeal form located on the Student Conduct webpage by the respondent within four class days of the respondent’s receipt of the written decision (which will be sent to the respondent’s SUNY Canton email). Appellate boards will be composed of three faculty/staff members. There will also be an advisor who shall serve only to assist in clarifying or answering questions regarding policies or judicial processes. The advisor is not permitted to weigh in on the appeal and is not a voting member of the appellate board. While an appeal is being considered or a scheduled appeal hearing is pending, the original sanctions imposed remain in effect. The chairperson of a Judicial Board or Board Member (if the chair is unavailable) that rendered a decision under appeal, may be asked to attend an appeal hearing. A student who appeals is not required to attend, but is entitled to attend and be accompanied by a support person. Notification of appeal decisions shall be communicated within 48 hours after the conclusion of a hearing. Outcomes shall be disclosed in writing.

      After reviewing an appeal, an Appellate Board may decide to:
      1. Deny the request and uphold the decisions of the original Judicial Board, or
      2. Grant the appeal and direct the case to be heard by a college judicial board again. Appeals decisions are final within the campus judicial system. Once an appeal has been rendered, a student may not appeal that decision.
  1. In cases where the substance of a request causes the Appellate Board to believe such action is warranted, members of the original board may be replaced or an entirely new board may convene to hear the case. All decisions made by the appellate Board are final. In extenuating circumstances, or when the College is in recess, the Vice President for Student Affairs/Dean of Students or their designee has the authority to convene an emergency Judicial Hearing Board; similarly, the Director of Residence Life or designee has the authority to convene a temporary Residence Hall Hearing Board. This Board may be composed of one faculty member and one staff person when a student representative is not available.

30.7.9.1 SUNY Board of Trustees - Rules for the Maintenance of Public Order

The rules for the Maintenance of Public Order provide overall rules which are clarified and defined in the College’s Student Code of Conduct and workplace/visitor rules. These rules are implemented in compliance with section 6430 of the Education Law and comprise Part 535 of Title 8 of NYCRR. Copies of this portion of the Official Compilation are available for review at the Southworth Library circulation desk and at the Office of the Vice President for Student Affairs/Dean of Students.

30.7.9.2 Policy on Transcript Notations

New York State Law states that:

For crimes of violence, including, but not limited to sexual violence, defined as crimes that meet the reporting requirements pursuant to the federal Clery Act established in 20 U.S.C. 1092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the transcript of students found responsible after a conduct process that they were “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” For the respondent who withdraws from the institution while such conduct charges are pending, and declines to complete the disciplinary process, institutions shall make a notation on the transcript of such students that they “withdrew with conduct charges pending.” Each institution shall publish a policy on transcript notations and appeals seeking removal of a transcript notation for a suspension, provided that such notation shall not be removed prior to one year after conclusion of the suspension, while notations for expulsion shall not be removed. If a finding of responsibility is vacated for any reason, any such transcript notation shall be removed.

SUNY Canton is in full compliance with New York State Law and will note on the academic transcript of students found responsible for violations of SUNY Canton policy which are equivalent to the Clery Act Part I crimes (as updated by the Violence Against Women Act) that a student was “suspended after a finding of responsibility for a code of conduct violation” or “expelled after a finding of responsibility for a code of conduct violation.” (If the student receives either of those sanctions after a finding of responsibility.) The crimes which would require this notation currently include: murder; rape, fondling, incest and statutory rape; robbery; aggravated assault; burglary; motor vehicle theft; manslaughter; and arson.

30.8.0 Discrimination and Complaint

Last Update:

SUNY Canton does not discriminate based on race, color, national origin, sex, gender identity, disability, age, gender expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction in its education programs, services, and activities, including employment policies and practices.

30.8.1 Discrimination Complaint Procedure (Including Title IX)

Anyone who believes they have been discriminated against may file a complaint with Human Resources 315-386-7325 or hr@canton.edu.

30.8.1.1 Applicability

This procedure may be used by any student or employee of a state-operated campus of the University, as well as third parties who are participating in a University-sponsored program or affiliated activity. Employee grievance procedures established through negotiated contracts, academic grievance review committees, student disciplinary grievance boards, and any other procedures defined by contract will continue to operate as before. Furthermore, this procedure does not in any way deprive a complainant of the right to file with outside enforcement agencies, such as the New York State Division of Human Rights, the Equal Employment Opportunity Commission, the Office for Civil Rights of the United States Department of Education, and the Office of Federal Contract Compliance of the United States Department of Labor. However, after filing with one of these outside enforcement agencies, or upon the initiation of litigation, the complaint will be referred to the campus Affirmative Action Officer, or in the case of sex discrimination, the Title IX Coordinator (hereinafter “AAO” will refer to both the Affirmative Action Officer and Title IX Coordinator), for investigation with the Office of General Counsel. Contact information for these agencies is listed in Appendix A. More detailed information may be obtained from the campus or SUNY-wide AAO.

All campuses must use this procedure unless the campus has made an application for an exception. Requests for an exception, along with a copy of the requesting campus’s discrimination complaint procedure, must be filed with the Office of General Counsel. The request for an exception will be acted upon by the Office of General Counsel after a review of the campus’s complaint procedure. The AAO on each University campus and the AAO for the SUNY System Office, who receives any complaint of alleged discrimination, shall inform the complainant about the complaint process and other options to resolve the issue, assist the complainant in the use of the complaint form and understanding the nature of the incident, and provide the complainant with information about various internal and external mechanisms through which the complaint may be filed, including applicable time limits for filing with each agency.   

Upon receipt of a sex discrimination complaint or report, each University campus and the SUNY System Office will provide the complainant with a written notice describing the available options, including pursuing a criminal complaint with a law enforcement agency, pursuing SUNY’s investigation and disciplinary process, or pursuing both options at the same time; and the potential consequences of pursuing both options (i.e., possible temporary delay of the fact-finding aspect of SUNY’s investigation while the law enforcement agency is in the process of gathering evidence). Additionally, the Title IX Coordinator will ensure that complainants in sex discrimination cases  are made aware of their Title IX rights, available remedies and resources on- and off-campus (such as counseling, local rape crisis center), and interim measures of protection. For more information, see the Students’ Bill of Rights. Assistance will be available whether or not a formal complaint is contemplated, or even possible.

All distributed and published versions of this procedure must contain the name or title, office address, email address, and telephone number of the individual with whom to file a complaint for each campus location, and for System Administration.

30.8.1.2 Procedure

The following Discrimination Compliant Procedure applies to both the informal and formal processes. This procedure provides a mechanism through which the University may identify, respond to, and prevent incidents of illegal discrimination. The University recognizes and accepts its responsibility in this regard, and believes that the establishment of this internal grievance process will benefit student, faculty, staff, and administration, permitting investigation and resolution of problems.

SUNY, through the SUNY Canton Title IX office, reserves the right to promptly investigate all incidents of sex discrimination of which the campus and/or SUNY system office has notice. Based on information received, the Title IX Coordinator and AAO will make reasonable efforts to investigate and address instances of sex discrimination when it knows or should have known about such instances, regardless of complainant cooperation and involvement, consistent with the SUNY Policies on Sexual Violence Prevention and Response, including the Options for Confidentially Disclosing Sexual Violence.

SUNY will comply with law enforcement requests for cooperation, and such cooperation may require the campus to temporarily delay the fact-finding aspect of an investigation while the law enforcement agency is in the process of gathering evidence. The campus will resume its investigation as soon as it is notified by the law enforcement agency that it has completed the evidence-gathering process. SUNY will implement appropriate interim steps during the law enforcement agency’s investigation period to provide for the safety of the victim(s) and the campus community, as described below.

The complainant is not required to pursue the University internal procedures before filing a complaint with a state or federal agency. In addition, if the complainant chooses to pursue the University internal procedure, the complainant is free to file a complaint with the appropriate state or federal agency at any point during the process.

During any portion of the procedures detailed hereafter, the parties shall not employ audio or video taping devices. Complaints and investigations will be kept confidential to the extent possible.

Retaliation against a person who files a complaint, serves as a witness, or assists or participates in any manner in this procedure, is strictly prohibited and may result in disciplinary action. Retaliation is an adverse action taken against an individual as a result of complaining about unlawful discrimination or harassment, exercising a legal right, and/or participating in a complaint investigation as a third-party witness. Participants who experience retaliation should contact the campus AAO, and may file a complaint pursuant to these procedures.

30.8.1.3 Complaint Consultation and Review

Any student or employee, or any third party may consult with the AAO regarding potential discrimination or harassment. This initial contact may occur by telephone, email, or in person--the latter being preferred.

It is the responsibility of the AAO to respond to all such inquiries, reports, and requests as promptly as possible, and in a manner appropriate to the particular circumstances. This response may include interim measures to protect the parties during the investigation process. Interim measures will not disproportionately impact the complainant. Interim measures for students may include, but are not limited to, information about how to obtain counseling and academic assistance in the event of sexual assault, and steps to take if the accused individual lives on campus and/or attends class with the complainant. Interim measures involving employees in collective bargaining units should be determined in consultation with campus employee-relations departments.

Complaints or concerns that are reported to an administrator, manager or supervisor, concerning an act of discrimination or harassment, or acts of discrimination or harassment that administrators, managers, or supervisors observe or become aware of, shall be immediately referred to the AAO. Employees with Title IX compliance responsibilities and/or employees who have the authority to take action to redress the harassment, must report any complaints to the Title IX Coordinator. Employees who observe or become aware of sex discrimination, including sexual harassment and sexual violence, should report this information to the campus Title IX Coordinator.  Complaints may also be made directly to the AAO by anyone who experiences, observes, or becomes aware of discrimination or harassment.

30.8.1.4 Filing Complaints and Time Limits

Although in limited circumstances, verbal complaints may be acted upon, the procedures set forth here rest upon the submission of a written complaint that will enable there to be a full and fair investigation of the facts. The University prefers written complaints. It is the complainant’s responsibility to be certain that any complaint is filed within the applicable time limit.

If the complainant brings a complaint beyond the period in which the complaint may be addressed under these procedures, the AAO may terminate any further processing of the complaint, refer the complaint to the Office of General Counsel, or direct the complainant to an alternative forum (Appendix A). Complaints of sex discrimination brought forth beyond the 180-day period will be tracked and investigated to the extent possible, consistent with the campus Title IX obligations, including the Title IX Coordinator’s duties to spot patterns and address systemic issues. 

All complaints must be submitted on the forms provided by the University. The Charge of Discrimination form will be used for both the initiation of complaints under the informal procedure, and the conversion of the complaint to the formal procedure. The AAO is available to assist in preparing the complaint.  

As soon as reasonably possible, after the date of filing of the complaint, the AAO will mail a notice of the complaint to the filer and a copy of the complaint to the respondent(s).

Employees: Employees must file a written complaint with the AAO within 180 calendar days following the alleged discriminatory act, or the date on which the complainant first knew or reasonably should have known of such act. 

Students: Students must file a complaint within 180 calendar days following the alleged discriminatory act, or 90 calendar days after a final grade is received, for the semester during which the discriminatory acts occurred, if that date is later.

30.8.1.5 Complaint Contents

The complaint shall contain:

    1. The name, local and permanent address(es), telephone number(s), and status (faculty, staff, student, third party) of the complainant.
    2. A statement of facts explaining what happened and what the complainant believes constituted the unlawful discriminatory acts in sufficient detail to give each respondent reasonable notice of what is claimed against them. The statement should include the date, approximate time and place where the alleged acts of unlawful discrimination or harassment occurred. If the acts occurred on more than one date, the statement should also include the last date on which the acts occurred as well as detailed information about the prior acts. The names of any potential witnesses should be provided.
    3. The name(s), address(s) and telephone number(s) of the respondent(s), i.e., the person(s) claimed to have committed the act(s) of unlawful discrimination.
    4. Identification of the status of the persons charged whether faculty, staff, or student.
    5. A statement indicating whether or not the complainant has filed or reported information concerning the incidents referred to in the complaint with a non-campus official or agency, under any other complaint, or complaint procedure. If an external complaint has been filed, the statement should indicate the name of the department or agency with which the information was filed and its address.
    6. A description of any corrective or remedial action that the complainant would like to see taken.
    7. Such other or supplemental information as may be requested.
    8. Signature of complainant and the date complaint signed.

30.8.1.6 Informal Resolution

If a complainant elects to have the matter dealt with in an informal manner, the AAO will attempt to reasonably resolve the problem to the mutual satisfaction of the parties.

In seeking an informal resolution, the AAO shall attempt to review all relevant information, interview pertinent witnesses, and bring together the complainant and the respondent, if desirable. Complaints of sexual violence will not be resolved by using mediation, but instead must be referred immediately to the campus Title IX Coordinator. The complainant will not be required to resolve the problem directly with the respondent in cases of sex discrimination.

If a resolution satisfactory to both the complainant and the respondent is reached within 24 calendar days from the filing of the complaint, through the efforts of the AAO, the officer shall close the case, sending a written notice to that effect to the complainant and respondent. The written notice, a copy of which shall be attached to the original complaint form in the officer’s file, shall contain the terms of any agreement reached by complainant and respondent, and shall be signed and dated by the complainant, the respondent, and the AAO.

If the AAO is unable to resolve the complaint to the mutual satisfaction of the complainant and respondent within 24 calendar days from the filing of the complaint, the AAO shall so notify the complainant. The AAO shall again advise the complainant of their right to proceed to the next step internally, and/or the right to separately file with appropriate external enforcement agencies.

The time limitations set forth above may be extended by mutual agreement of the complainant and respondent with the approval of the AAO. Such extension shall be confirmed in writing by the complainant and respondent. The AAO will also have the discretion to reasonably extend the deadlines if an investigation is deemed complex.

The complainant may elect to end the informal resolution process, and proceed to the formal resolution procedure at any time after the Charge of Discrimination form is filed.

30.8.1.7 Formal Resolution

The formal complaint proceeding is commenced by the filing of a complaint form as described above. The 180-day time limit also applies to the filing of a formal complaint. If the complainant first pursued the informal process, and subsequently wishes to pursue a formal complaint, they may do so by checking the appropriate box, and signing and dating the complaint form.

The complaint, together with a statement from the AAO indicating that informal resolution was not possible, if applicable, shall be forwarded to the chairperson of the campus Affirmative Action Committee within seven calendar days from the filing of the formal complaint.  If an informal resolution was not pursued, the AAO shall forward the complaint to the chairperson of the campus Affirmative Action Committee within seven calendar days from the filing of the complaint.

Notice to Parties: Upon receipt of a complaint, the AAO will provide an initialed, signed, date-stamped copy of the complaint to the complainant. As soon as reasonably possible after the date of filing of the complaint, the AAO will mail a notice of complaint and a copy of the complaint to the respondent(s).  Alternatively, such notice with a copy of the complaint may be given by personal delivery, provided such delivery is made by the AAO (or designee) and, that proper proof of such delivery, including the date, time and place where such delivery occurred, is entered in the records maintained by or for the AAO.

Tripartite Panel Selection: Within seven calendar days of receipt of the complaint, the chairperson of the campus Affirmative Action Committee shall send notification to the complainant, the respondent, and the campus president that a review of the matter shall take place by a tripartite panel to be selected by the complainant and the Respondent from a pre-selected pool of eligible participants.

The tripartite panel shall consist of one member of the preselected pool chosen by the complainant, one member chosen by the respondent, and a third chosen by the other two designees. The panel members shall choose a chair among themselves. Selection must be completed, and written notification of designees submitted, to the chairperson of the campus Affirmative Action Committee no later than seven calendar days after the complainant, the respondent, and the campus President received notice under paragraph four above. If the President is the respondent, then the third member of the panel shall be selected by the Chancellor or designee at System Administration.

In the event that the procedural requirements governing the selection of the tripartite panel are not completed within seven calendar days after notification, the chairperson of the campus Affirmative Action Committee shall complete the selection process.

Panel Review: The tripartite panel shall review all relevant information, interview pertinent witnesses, and, at their discretion, hear testimony from the complainant and the respondent, if desirable. Both the complainant and the respondent(s) shall be entitled to submit written statements and/or other relevant material evidence and witnesses, and to provide rebuttal to the written record compiled by the tripartite panel.  The complainant and respondent have the right to request alternative arrangements if the complainant does not want to be in the same room as the other party.  These alternative arrangements must be consistent with the rights of the accused, and must enable both parties and the panel to hear each other during any hearing.

Findings and Recommendations: Within 15 calendar days from the completion of selection of the panel, the chairperson of the tripartite panel shall submit a summary of its findings, and the panel’s recommendation(s) for further action, on a form to be provided by the AAO, to the President.  The burden of proof in cases of discrimination is preponderance of the evidence. If the President is the respondent, the findings and recommendation shall be submitted to the Chancellor or their designee. When the panel transmits the summary of its findings and the panel’s recommendations to the President, the panel will also send, concurrently, copies of both the summary of its findings and recommendation(s) to the complainant, respondent, and the AAO.

Within ten calendar days of receipt of the written summary, the President or designee shall issue a written statement to the complainant and respondent, indicating what action the President proposes to take.  The President or designee will use the preponderance of the evidence standard. The action proposed by the President or designee may consist of:

    1. A determination that the complaint was not substantiated; or
    2. A determination that the complaint was substantiated.
      1. For employees (including student employees) not in a collective bargaining unit: The President may take such administrative action as they deem appropriate under their authority as the Chief Administrative Officer of the College, including but not limited to, termination, demotion, reassignment, suspension, reprimand, or training.
      2. For students: The President may determine that sufficient information exists to refer the matter to the student judiciary, or other appropriate disciplinary panel for review, and appropriate action under the appropriate student conduct code. For examples of sanctions, please see the relevant section of the applicable student code of conduct.
      3. For employees in collective bargaining units: The President may determine that sufficient information exists to refer the matter to their designee for investigation and disciplinary action, or other action as may be appropriate under the applicable collective bargaining agreement. The disciplinary process and potential outcomes are described in the applicable collective bargaining agreements.

The action of the President shall be final. If the President is the respondent, the Chancellor or their designee shall issue a written statement indicating what action the Chancellor proposes to take. The Chancellor’s decision shall be final for purposes of this discrimination procedure.

Notice of outcome: No later than seven calendar days following issuance of the statement by the President or the Chancellor, as the case may be, the AAO shall issue a letter to the complainant and to the respondent(s) advising them that the matter, for purposes of this discrimination procedure, is closed. In cases of sex discrimination, notice of outcome will include the sanctions, as appropriate.

Time limitations: The time limitations set forth above may be extended by mutual agreement of the complainant and respondent with the approval of the panel. The panel will also have the discretion to reasonably extend the deadlines if an investigation is deemed complex. Such extension shall be confirmed in writing to the parties.

External Agencies: If the complainant is dissatisfied with the President’s or Chancellor’s decision, the complainant may elect to file a complaint with one or more state and federal agencies. The campus AAO will provide general information on state and federal guidelines and laws, as well as names and addresses of various enforcement agencies (Appendix A).

30.8.1.8 Definitions

Harassment on the Basis of Protected Characteristic(s) other than Sex/Gender: Harassment based on race, color, age, religion, national origin, disability, sexual orientation or other protected characteristics is oral, written, graphic, or physical conduct relating to an individual’s protected characteristics that is sufficiently severe and/or serious, pervasive, or persistent so as to interfere with or limit the ability of an individual to participate in or benefit from the educational institution’s programs or activities.

Sex Discrimination: Behaviors and actions that deny or limit a person’s ability to benefit from, and/or fully participate in the educational programs or activities or employment opportunities because of a person’s sex. This includes but is not limited to sexual harassment, sexual assault, sexual violence by employees, students, or third parties. Employees should report sex discrimination, including but not limited to, sexual harassment and assault that they observe or become aware of, to the Title IX Coordinator.

Sexual Harassment in the Educational Setting: Unwelcome conduct of a sexual nature. Sexual harassment can include unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment of a student denies or limits, on the basis of sex, the student’s ability to participate in or to receive benefits, services, or opportunities in the educational institution’s program.

Sexual Harassment in the Employment Setting: Unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct of a sexual nature when any of the following occurs:

    • Submission to such conduct is made a term or condition of an individual’s continued employment, promotion, or other condition of employment.
    • Submission to or rejection of such conduct is used as a basis for employment decisions affecting an employee or job applicant.
    • Such conduct is intended to interfere, or results in interference, with an employee’s work performance, or creates an intimidating, hostile, or offensive work environment.

Preponderance of the Evidence: The standard of proof in sexual harassment and sexual assault cases which asks whether it is “more likely than not” that the sexual harassment or sexual violence occurred. If the evidence presented meets this standard, then the accused should be found responsible.

30.8.2 Hate Crimes and the Law

It is a State University of New York at Canton University Police’s commitment to protect all members of the SUNY Canton community by preventing and prosecuting bias or hate crimes that occur within the campus’s jurisdiction.

Hate crimes, also called bias crimes or bias-related crimes, are criminal activity motivated by the perpetrator’s bias or attitude against an individual victim or group based on perceived or actual personal characteristics, such as their race, religion, ethnicity, gender, sexual orientation, or disability. Hate/bias crimes have received renewed attention in recent years, particularly since the passage of the Federal Hate/Bias Crime Reporting Act of 1990 and the New York State Hate Crimes Act of 2000 (Penal Law Article 485). Copies of the New York law are available from the University Police Department.

Penalties for bias-related crimes are very serious and range from fines to imprisonment for lengthy periods, depending on the nature of the underlying criminal offense, the use of violence or previous convictions of the offender. Perpetrators who are students will also be subject to campus disciplinary procedures where sanctions including dismissal are possible.

In addition to preventing and prosecuting hate/bias crimes, State University of New York at Canton University Police also assist in addressing bias-related activities that do not rise to the level of a crime. These activities, referred to as bias incidents and defined by the University as acts of bigotry, harassment, or intimidation directed at a member or group with the SUNY Canton community based on national origin, ethnicity, race, age, religion, gender, sexual orientation, disability, veteran status, color, creed, or marital status, may be addressed through the State University’s discrimination complaint procedure or the campus conduct code. Bias incidents can be reported to University Police as well as to any college official.

If you are a victim of, or witness to, a bias crime on campus, report it to University Police by calling 315-386-7777 in an emergency, by using an Emergency Blue Light, or by stopping at the University Police Department. University Police will investigate and follow the appropriate adjudication procedures.

Victims of bias crime or bias incidents can avail themselves of counseling and support services from the campus by contacting the Counseling Center at 315-386-7314 or Office of Diversity at 315-386-7128.

For general information on the State University of New York at Canton security procedures, see our website, Handbook, Jeanne Clery Disclosure Act, or call University Police at 315-386-7777.

More information about bias-related and bias crimes, including up-to-date statistics on bias crimes, is available from University Police at 315-386-7777.

30.8.3 Workplace Violence

SUNY Canton is committed to providing a safe work environment for all employees that is free from intimidation, threats, and violent acts. The College will respond promptly to threats, acts of violence, and acts of aggression by employees or against employees by co-workers, members of the public, or others.

SUNY Canton will not tolerate any act or threat of violence made in the workplace, on College property, or while in work status. No person may engage in violent conduct or make threats of violence, implied or direct, on SUNY Canton property or in connection with College business. This includes, but is not limited to:

  • The use of force with the intent to cause harm e.g., physical attacks, any unwanted contact such as hitting, fighting, pushing or throwing objects.
  • Behavior that diminishes the dignity of others through sexual, racial, religious, or ethnic disparagement, or harassment.
  • Acts or threats which are intended to intimidate, harass, threaten, bully, coerce, or cause fear of harm whether directly or indirectly.
  • Acts or threats made directly or indirectly by oral or written words, gestures, or symbols that communicate a direct or indirect threat of physical or mental harm.

No person, without legal authority, may carry, possess, or use any dangerous weapon on SUNY Canton property or in College buildings or facilities. Unauthorized possession or use of firearms, knives (except non-spring pocket knives), or other weapons or explosives are prohibited.

Incidents of workplace violence, threats of workplace violence, or observations of workplace violence are not to be ignored by any member of the SUNY Canton community.  Workplace violence should be promptly reported to University Police at 315-386-7777. Additionally, all members of the College community are encouraged to report behavior they reasonably believe poses a potential for workplace violence in order to maintain a safe working and learning environment. Every threat will be taken seriously and must be reported. Employees who commit a violent act or threaten to commit a violent act are subject to disciplinary action and/or civil/criminal prosecution as appropriate. Any individual who makes a substantial threat, exhibits threatening behavior, or engages in violent acts on SUNY Canton property shall be subject to removal from the premises as quickly as safety permits, pending the outcome of an investigation.

To view the full Workplace Violence Policy.

30.8.4 Title IX Grievance Policy

Title IX of the Educational Amendments of 1972 prohibits any person in the United States from being discriminated against on the basis of sex in seeking access to any educational program or activity receiving federal financial assistance. The U.S. Department of Education, which enforces Title IX, has long defined the meaning of Title IX’s prohibition on sex discrimination broadly to include various forms of sexual harassment and sexual violence that interfere with a student’s ability to equally access our educational programs and opportunities.

On May 19, 2020, the U.S. Department of Education issued a Final Rule under Title IX of the Education Amendments of 1972 that:

  • Defines the meaning of “sexual harassment” (including forms of sex-based violence)
  • Addresses how this institution must respond to reports of misconduct falling within that definition of sexual harassment, and
  • Mandates a grievance process that this institution must follow to comply with the law in these specific covered cases before issuing a disciplinary sanction against a person accused of sexual harassment. (See 85 Fed. Reg. 30026 (May 19, 2020)).
  • Based on the Final Rule, SUNY Canton will implement the following Title IX Grievance Policy, effective August 14, 2020.

How does the Title IX Grievance Policy impact other campus disciplinary policies?

In recent years, “Title IX” cases have become a shorthand for any campus disciplinary process involving sex discrimination, including those arising from sexual harassment and sexual assault. But under the Final Rule, SUNY Canton must narrow both the geographic scope of its authority to act under Title IX and the types of “sexual harassment” that it must subject to its Title IX investigation and adjudication process. Only incidents falling within the Final Rule’s definition of sexual harassment will be investigated and, if appropriate, brought to a live hearing through the Title IX Grievance Policy defined below.

SUNY Canton remains committed to addressing any violations of its policies, even those not meeting the narrow standards defined under the Title IX Final Rule.

Specifically, our campus has:

The elements established in the Title IX Grievance Policy under the Final Rule have no effect and are not transferable to any other policy of the College for any violation of the Code of Conduct, employment policies, or any civil rights violation except as narrowly defined in this Policy. This Policy does not set a precedent for other policies or processes of the College and may not be cited for or against any right or aspect of any other policy or process.

How does the Title IX Grievance Policy impact the handling of complaints?

Our existing Title IX office and reporting structure remains in place. What has changed is the way our Title IX office will handle different types of reports arising from sexual misconduct, as detailed in full throughout Section 2.

TITLE IX GRIEVANCE POLICY
General Rules of Application

Effective Date

The Title IX Grievance Policy will become effective on August 14, 2020, and will only apply to sexual harassment alleged to have occurred on or after August 14, 2020. Incidents of sexual harassment alleged to have occurred before August 14, 2020, will be investigated and adjudicated according to the process in place at the time the incident allegedly occurred.

Revocation by Operation of Law

Should any portion of the Title IX Final Rule, 85 Fed. Reg. 30026 (May 19, 2020), be stayed or held invalid by a court of law, or should the Title IX Final Rule be withdrawn or modified to not require the elements of this policy, this policy, or the invalidated elements of this policy, will be deemed revoked as of the publication date of the opinion or order and for all reports after that date, as well as any elements of the process that occur after that date if a case is not complete by that date of opinion or order publication. Should the Title IX Grievance Policy be revoked in this manner, any conduct covered under the Title IX Grievance Policy shall be investigated and adjudicated under the existing Section 30.7.6 Adjudication.

Non-Discrimination in Application

The requirements and protections of this policy apply equally regardless of sex, sexual orientation, gender identity, gender expression, or other protected classes covered by federal or state law. All requirements and protections are equitably provided to individuals regardless of such status or status as a Complainant, Respondent, or Witness. Individuals who wish to file a complaint about the institution’s policy or process may contact the Department of Education’s Office for Civil Rights.

Definitions:

Covered Sexual Harassment: For the purposes of this Title IX Grievance Policy, “covered sexual harassment” includes any conduct on the basis of sex that satisfies one or more of the following:

      1. An employee conditioning educational benefits on participation in unwelcome sexual conduct (i.e., quid pro quo);
      2. Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the educational institution’s education program or activity;
      3. Sexual assault (as defined in the Clery Act), which includes any sexual act directed against another person, without the consent of the victim including instances where the victim is incapable of giving consent;
      4. Dating violence (as defined in the Violence Against Women Act (VAWA) amendments to the Clery Act), which includes any violence committed by a person: (A) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (B) where the existence of such a relationship shall be determined based on a consideration of the following factors: (i) The length of the relationship; (ii) The type of relationship; (iii) The frequency of interaction between the persons involved in the relationship.
      5. Domestic Violence (as defined in the VAWA amendments to the Clery Act), which includes any felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under New York State domestic or family violence laws or by any other person against an adult or youth victim who is protected from that person's acts under the domestic or family violence laws of New York .
      6. Stalking (as defined in the VAWA amendments to the Clery Act), meaning engaging in a course of conduct directed at a specific person that would cause a reasonable person to-- (A) fear for their safety or the safety of others; or (B) suffer substantial emotional distress.

Note that conduct that does not meet one or more of these criteria may still be prohibited under the Code of Student Conduct, Rights & Responsibilities.

Consent: For the purposes of this Title IX Grievance Policy, “consent” means:
“Consent is the agreement to engage in specific sexual contact, which may be given by verbal agreement or active and willing participation in the sexual activity. Consent to sexual contact or any specific sexual act cannot be given if an individual is incapacitated or impaired because of a physical or mental condition or the ingestion of drugs or alcohol, or under the age of 17. Silence, previous sexual relationships, current relationships, or the use of alcohol and/or drugs is not an indication of consent. The use of force, threat of force, threat of immediate or future harm, or use of physical intimidation to secure compliance with sexual activity is evidence of lack of consent. Consent may be initially given, but it may be revoked at any point, either verbally, through physical resistance, or by losing consciousness. Failure to cease sexual contact promptly in response to a withdrawal of consent constitutes prohibited nonconsensual sexual contact. “No” or any other negative statement or acts/physical gestures supporting the desire to cease contact in response to sexual contact or an invitation to sexual contact will be regarded as a denial of consent to such sexual contact (SUNY Canton Student Handbook, Section 30.7.1 Definitions).

Education Program or Activity: For the purposes of this Title IX Grievance Policy, SUNY Canton’s “education program or activity” includes:

      • Any on-campus premises
      • Any off-campus premises that SUNY Canton has substantial control over. This includes buildings or property owned or controlled by a recognized student organization.
      • Activity occurring within computer and internet networks, digital platforms, and computer hardware or software owned or operated by, or used in the operations of SUNY Canton’s programs and activities over which the SUNY Canton has substantial control.

Formal Complaint: For the purposes of this Title IX Grievance Policy, “formal complaint” means a document – including an electronic submission - filed by a complainant with a signature or other indication that the complainant is the person filing the formal complaint, or signed by the Title IX Coordinator, alleging sexual harassment against a respondent about conduct within SUNY Canton’s education program or activity and requesting initiation of the procedures consistent with the Title IX Grievance Policy to investigate the allegation of sexual harassment.

Complainant: For the purposes of this Title IX Grievance Policy, Complainant means any individual who has reported being or is alleged to be the victim of conduct that could constitute covered sexual harassment as defined under this policy.

Relevant evidence and questions: “Relevant” evidence and questions refer to any questions and evidence that tends to make an allegation of sexual harassment more or less likely to be true.

“Relevant” evidence and questions do not include the following types of evidence and questions, which are deemed “irrelevant” at all stages of the Title IX Grievance Process:

      • Evidence and questions about the complainant’s sexual predisposition or prior sexual behavior unless:
      • They are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or
      • They concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent. (34 C.F.R. § 106.45(6)(i)).
      • Evidence and questions that constitute, or seek disclosure of, information protected under a legally-recognized privilege.
      • Any party’s medical, psychological, and similar records unless the party has given voluntary, written consent. (85 Fed. Reg. 30026, 30294 (May 19, 2020)).

Respondent: For the purposes of this Title IX Grievance policy, Respondent means any individual who has been reported to be the perpetrator of conduct that could constitute covered sexual harassment as defined under this policy.

Privacy vs. Confidentiality: Consistent with SUNY Canton’s Code of Conduct, references made to confidentiality refer to the ability of identified confidential resources to not report crimes and violations to law enforcement or college officials without permission, except for extreme circumstances, such as a health and/or safety emergency or child abuse. References made to privacy mean SUNY Canton offices and employees who cannot guarantee confidentiality but will maintain privacy to the greatest extent possible, and information disclosed will be relayed only as necessary to investigate and/or seek a resolution and to notify the Title IX Coordinator or designee, who is responsible for tracking patterns and spotting systemic issues. SUNY Canton will limit the disclosure as much as practicable, even if the Title IX Coordinator determines that the request for confidentiality cannot be honored.

Disability Accommodations

This Policy does not alter any institutional obligations under federal disability laws including the Americans with Disabilities Act of 1990, and Section 504 of the Rehabilitation Act of 1973. Parties may request reasonable accommodations for disclosed disabilities to the Title IX Coordinator at any point before or during the Title IX Grievance Process that do not fundamentally alter the Process. The Title IX Coordinator will not affirmatively provide disability accommodations that have not been specifically requested by the Parties, even where the Parties may be receiving accommodations in other institutional programs and activities.

Making a Report Regarding Covered Sexual Harassment to the Institution

Any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report.

Title IX Coordinator:
34 Cornell Drive, Canton, NY 13617
title9@canton.edu
315-386-7050

Such a report may be made at any time (including during non-business hours) by using the telephone number or electronic mail address, or by mail to the office address listed for the Title IX Coordinator.

Confidential Reporting

The following Officials will provide privacy, but not confidentiality, upon receiving a report of conduct prohibited under this policy:

  • Title IX Coordinator or designee
  • All SUNY Canton employees not listed under Confidential Resources.

The following Officials may provide confidentiality:

Counseling Center
Director of Counseling
Miller Campus Center 225
(315) 386-7314
millerm@canton.edu

Davis Health Services
Director of Student Health Services
Miller Campus Center 004
(315) 386-7333
Healthcenter@canton.edu

Campus Ministry
Miller Campus Center 222
315-386-7018

Non-Investigatory Measures Available Under the Title IX Grievance Policy

Supportive Measures

Complainants (as defined above), who report allegations that could constitute covered sexual harassment under this policy, have the right to receive supportive measures from SUNY Canton regardless of whether they desire to file a complaint, which may include those listed below as appropriate. Supportive measures are non-disciplinary and non-punitive.

As appropriate, supportive measures may include, but not be limited to:

  • Counseling
  • extensions of deadlines or other course-related adjustments
  • modifications of work or class schedules
  • campus escort services
  • restrictions on contact between the parties (no contact orders)
  • changes in work or housing locations
  • leaves of absence
  • increased security and monitoring of certain areas of the campus

(See 85 Fed. Reg. 30401).

Emergency Removal

SUNY Canton retains the authority to remove a respondent from SUNY Canton’s program or activity on an emergency basis, where SUNY Canton (1) undertakes an individualized safety and risk analysis and (2) determines that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of covered sexual harassment justifies a removal.

If SUNY Canton determines such removal is necessary, the respondent will be provided notice and an opportunity to challenge the decision immediately following the removal. Challenges to the removal must be provided in writing to the Dean of Students or their designee at studentaffairs@canton.edu within 3 (three) business days of notification of emergency removal.

Administrative Leave

SUNY Canton retains the authority to place a non-student employee respondent on administrative leave during the Title IX Grievance Process, consistent with the student handbook.

Employees should view the Personnel Handbook for Faculty and Professional Staff.

Filing a Formal Complaint

The timeframe for the Title IX Grievance Process begins with the filing of a Formal Complaint. The Grievance Process will be concluded within a reasonably prompt manner, and no longer than ninety (90) business days}4 after the filing of the Formal Complaint, provided that the Process may be extended reason, including but not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities. The procedure for applying for extensions is described below.

To file a Formal Complaint, a complainant must provide the Title IX Coordinator a written, signed complaint describing the facts alleged. Complainants are only able to file a Formal Complaint under this Policy if they are currently participating in, or attempting to participate in, the education programs or activities of SUNY Canton, including as an employee. For complainants who do not meet this criterion, the College will utilize existing policy in the SUNY Canton Code of Conduct.

If a complainant does not wish to make a Formal Complaint, the Title IX Coordinator may determine a Formal Complaint is necessary. SUNY Canton will inform the complainant of this decision in writing, and the complainant need not participate in the process further but will receive all notices issued under this Policy and Process.

Nothing in the Title IX Grievance Policy or Code of Conduct prevents a complainant from seeking the assistance of state or local law enforcement alongside the appropriate on-campus process.

Multi-Party Situations

The institution may consolidate Formal Complaints alleging covered sexual harassment against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of covered sexual harassment arise out of the same facts or circumstances.

Determining Jurisdiction

The Title IX Coordinator will determine if the instant Title IX Grievance Process should apply to a Formal Complaint. The Process will apply when all of the following elements are met, in the reasonable determination of the Title IX Coordinator:

  • The conduct is alleged to have occurred on or after August 14, 2020;
  • The conduct is alleged to have occurred in the United States;
  • The conduct is alleged to have occurred in SUNY Canton’s education program or activity; and
  • The alleged conduct, if true, would constitute covered sexual harassment as defined in this policy.

If all of the elements are met, SUNY Canton will investigate the allegations according to the Grievance Process.

Allegations Potentially Falling Under Two Policies:

If the alleged conduct, if true, includes conduct that would constitute covered sexual harassment and conduct that would not constitute covered sexual harassment, the Title IX Grievance Process will be applied to investigation and adjudication of only the allegations that constitute covered sexual harassment.

Mandatory Dismissal

If any one of these elements are not met, the Title IX Coordinator will notify the parties that the Formal Complaint is being dismissed for the purposes of the Title IX Grievance Policy. Each party may appeal this dismissal using the procedure outlined in “Appeals,” below.

Discretionary Dismissal

The Title IX Coordinator may dismiss a Formal Complaint brought under the Title IX Grievance Policy, or any specific allegations raised within that Formal Complaint, at any time during the investigation or hearing, if:

  • A complainant notifies the Title IX Coordinator in writing that they would like to withdraw the Formal Complaint or any allegations raised in the Formal Complaint;
  • The respondent is no longer enrolled or employed by SUNY Canton; or,
  • If specific circumstances prevent SUNY Canton from gathering evidence sufficient to reach a determination regarding the Formal Complaint or allegations within the Formal Complaint.

Any party may appeal a dismissal determination using the process set forth in “Appeals,” below.

Notice of Dismissal

Upon reaching a decision that the Formal Complaint will be dismissed, the institution will promptly send written notice of the dismissal of the Formal Complaint or any specific allegation within the Formal Complaint, and the reason for the dismissal, simultaneously to the parties through their institutional email accounts. It is the responsibility of parties to maintain and regularly check their email accounts.

Notice of Removal

Upon dismissal for the purposes of Title IX, SUNY Canton retains discretion to utilize the Code of Conduct to determine if a violation of the Code of Conduct has occurred. If so, SUNY Canton will promptly send written notice of the dismissal of the Formal Complaint under the Title IX Grievance Process and removal of the allegations to the conduct process.

Notice of Allegations

The Title IX Coordinator will draft and provide the Notice of Allegations to any party to the allegations of sexual harassment. Such notice will occur as soon as practicable, after the institution receives a Formal Complaint of the allegations, if there are no extenuating circumstances.

The parties will be notified by their institutional email accounts if they are a student or employee, and by other reasonable means if they are neither.

The institution will provide sufficient time for the parties to review the Notice of Allegations and prepare a response before any initial interview.

The Title IX Coordinator may determine that the Formal Complaint must be dismissed on the mandatory grounds identified above and will issue a Notice of Dismissal. If such a determination is made, any party to the allegations of sexual harassment identified in the Formal Complaint will receive the Notice of Dismissal in conjunction with, or in separate correspondence after, the Notice of Allegations.

Contents of Notice

The Notice of Allegations will include the following:

  • Notice of the institution’s Title IX Grievance Process and a hyperlink to a copy of the process.
  • Notice of the allegations potentially constituting covered sexual harassment, and sufficient details known at the time the Notice is issued, such as the identities of the parties involved in the incident, if known, including the complainant; the conduct allegedly constituting covered sexual harassment; and the date and location of the alleged incident, if known.
  • A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
  • A statement that the parties may have an advisor of their choice, who may be, but is not required to be, an attorney, as required under 34 C.F.R. § 106.45(b)(5)(iv);
  • A statement that before the conclusion of the investigation, the parties may inspect and review evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including the evidence upon which the institution does not intend to rely in reaching a determination regarding responsibility, and evidence that both tends to prove or disprove the allegations, whether obtained from a party or other source, as required under 34 C.F.R. § 106.45(b)(5)(vi);
  • A statement that meets the terms of Article 15.4 Section 25- False Reporting in the Student Code of Conduct prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

Ongoing Notice

If, in the course of an investigation, the institution decides to investigate allegations about the complainant or respondent that are not included in the Notice of Allegations and are otherwise covered "sexual harassment” falling within the Title IX Grievance Policy, the institution will notify the parties whose identities are known of the additional allegations by their institutional email accounts or other reasonable means.

The parties will be provided sufficient time to review the additional allegations to prepare a response before any initial interview regarding those additional charges.

Advisor of Choice and Participation of Advisor of Choice

SUNY Canton will provide the parties equal access to advisors and support persons; any restrictions on advisor participation will be applied equally.

The SUNY Canton has a long-standing practice of requiring students to participate in the process directly and not through an advocate or representative. Students participating as Complainant or Respondent in this process may be accompanied by an Advisor of Choice to any meeting or hearing to which they are required or are eligible to attend. The Advisor of Choice is not an advocate. Except where explicitly stated by this Policy, as consistent with the Final Rule, Advisors of Choice shall not participate directly in the process as per standard policy and practice of SUNY Canton.

SUNY Canton will not intentionally schedule meetings or hearings on dates where the Advisors of Choice for all parties are not available, provided that the Advisors act reasonably in providing available dates and work collegially to find dates and times that meet all schedules.

SUNY Canton’s obligations to investigate and adjudicate in a prompt timeframe under Title IX and other college policies apply to matters governed under this Policy, and SUNY Canton cannot agree to extensive delays solely to accommodate the schedule of an Advisor of Choice. The determination of what is reasonable shall be made by the Title IX Coordinator or designee. SUNY Canton will not be obligated to delay a meeting or hearing under this process more than five (5) days due to the unavailability of an Advisor of Choice and may offer the party the opportunity to obtain a different Advisor of Choice or utilize one provided by SUNY Canton.

Notice of Meetings and Interviews

SUNY Canton will provide, to a party whose participation is invited or expected, written notice of the date, time, location, participants, and purpose of all hearings, investigative interviews, or other meetings with a party, with sufficient time for the party to prepare to participate.

Delays

Each party may request a one-time delay in the Grievance Process of up to five (5) days for good cause (granted or denied in the sole judgment of the Title IX Coordinator, Director of Student Conduct, or designee) provided that the requestor provides reasonable notice and the delay does not overly inconvenience other parties.

For example, a request to take a five day pause made an hour before a hearing for which multiple parties and their advisors have traveled to and prepared for shall generally not be granted, while a request for a five day pause in the middle of investigation interviews to allow a party to obtain certain documentary evidence shall generally be granted.

The Title IX Coordinator or Student Conduct Office, shall have sole judgment to grant further pauses in the Process.

Investigation
General Rules of Investigations

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will perform an investigation under a reasonably prompt timeframe of the conduct alleged to constitute covered sexual harassment after issuing the Notice of Allegations.

SUNY Canton and not the parties, has the burden of proof and the burden of gathering evidence, i.e. the responsibility of showing a violation of this Policy has occurred. This burden does not rest with either party, and either party may decide not to share their account of what occurred or may decide not to participate in an investigation or hearing. This does not shift the burden of proof away from SUNY Canton and does not indicate responsibility.

SUNY Canton cannot access, consider, or disclose medical records without a waiver from the party (or parent, if applicable) to whom the records belong or of whom the records include information. SUNY Canton will provide an equal opportunity for the parties to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence, (i.e. evidence that tends to prove and disprove the allegations) as described below.

Inspection and Review of Evidence

Prior to the completion of the investigation, the parties will have an equal opportunity to inspect and review the evidence obtained through the investigation. The purpose of the inspection and review process is to allow each party the equal opportunity to meaningfully respond to the evidence prior to conclusion of the investigation.

Evidence that will be available for inspection and review by the parties will be any evidence that is directly related to the allegations raised in the Formal Complaint. It will include any:

  • Evidence that is relevant, even if that evidence does not end up being relied upon by the institution in making a determination regarding responsibility;
  • inculpatory or exculpatory evidence (i.e. evidence that tends to prove or disprove the allegations) that is directly related to the allegations, whether obtained from a party or other source.

All parties must submit any evidence they would like the investigator to consider prior to when the parties’ time to inspect and review evidence begins. (See, 85 Fed. Reg. 30026, 30307 (May 19, 2020)).

The institution will send the evidence made available for each party and each party’s advisor, if any, to inspect and review through an electronic format .The Institution is not under an obligation to use any specific process or technology to provide the evidence and shall have the sole discretion in terms of determining format and any restrictions or limitations on access.

The parties will have ten (10) business days to inspect and review the evidence and submit a written response by email to the investigator. The investigator will consider the parties’ written responses before completing the Investigative Report.

Requests to Extend Inspection and Review Process:

The institution may provide the parties five (5) business days after the initial inspection and review of evidence, and before the investigator completes their Investigative Report, to provide additional evidence in response to their inspection and review of the evidence, and then provide the parties five (5) business days to inspect, review, and respond to the party’s additional evidence through a written response to the investigator. Those written responses may be disclosed to the parties. (See, 85 Fed. Reg. 30026, 30307 (May 19, 2020)).

Any evidence subject to inspection and review will be available at any hearing, including for purposes of cross-examination.

The parties and their advisors must sign an agreement not to disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX grievance process. (See, 85 Fed. Reg. 30026, 30435 (May 19, 2020)).

The parties and their advisors agree not to photograph or otherwise copy the evidence. (See, 85 Fed. Reg. 30026, 30435 (May 19, 2020)).

Inclusion of Evidence Not Directly Related to the Allegations

Evidence obtained in the investigation that is determined in the reasoned judgment of the investigator not to be directly related to the allegations in the Formal Complaint will not be disclosed, or may be appropriately redacted before the parties’ inspection to avoid disclosure of personally identifiable information of a student. Any evidence obtained in the investigation that is kept from disclosure or appropriately redacted will be documented in a “privilege log” that may be reviewed by the parties and their advisors, if any. (See, 85 Fed. Reg. 30026, 30438 (May 19, 2020)).

Investigative Report

The Title IX Coordinator and/or an investigator designated by the Title IX Coordinator will create an Investigative Report that fairly summarizes relevant evidence, will and provide that Report to the parties at least ten (10) business days prior the hearing in an electronic format for each party’s review and written response.

The Investigative Report is not intended to catalog all evidence obtained by the investigator, but only to provide a fair summary of that evidence.

Only relevant evidence (including both inculpatory and exculpatory – i.e. tending to prove and disprove the allegations - relevant evidence) will be referenced in the Investigative Report.

The investigator may redact irrelevant information from the Investigative Report when that information is contained in documents or evidence that is/are otherwise relevant. (See, 85 Fed. Reg. 30026, 30304 (May 19, 2020)).

Hearings
General Rules of Hearings

SUNY Canton will not issue a disciplinary sanction arising from an allegation of covered sexual harassment without holding a live hearing.

The live hearing may be conducted with all parties physically present in the same geographic location, or, at SUNY Canton’s discretion, any or all parties, witnesses, and other participants may appear at the live hearing virtually through Zoom (or similar software offered by the College). This technology will enable participants simultaneously to see and hear each other. At its discretion, SUNY Canton may delay or adjourn a hearing based on technological errors not within a party’s control.

All proceedings will be recorded through audio recording or audiovisual recording. That recording will be made available to the parties for inspection and review upon formal written request.

Prior to obtaining access to any evidence, the parties and their advisors must sign an agreement not to disseminate any of the testimony heard or evidence obtained in the hearing or use such testimony or evidence for any purpose unrelated to the Title IX Grievance Process. Once signed, this Agreement may not be withdrawn. (See, 85 Fed. Reg. 30026, 30435 (May 19, 2020)).

Continuances or Granting Extensions

SUNY Canton may determine that multiple sessions or a continuance (i.e. a pause on the continuation of the hearing until a later date or time) is needed to complete a hearing. If so, SUNY Canton will notify all participants and endeavor to accommodate all participants’ schedules and complete the hearing as promptly as practicable.

Newly-discovered Evidence

As a general rule, no new evidence or witnesses may be submitted during the live hearing.

If a party identifies new evidence or witnesses that were not reasonably available prior to the live hearing and could affect the outcome of the matter, the party may request that such evidence or witnesses be considered at the live hearing.

The Title IX Coordinator or their designee will consider this request and make a determination regarding (1) whether such evidence or witness testimony was actually unavailable by reasonable effort prior to the hearing, and (2) whether such evidence or witness testimony could affect the outcome of the matter. The party offering the newly-discovered evidence or witness has the burden of establishing these questions by the preponderance of the evidence.

If the Title IX Coordinator or their designee answers in the affirmative to both questions, then the parties will be granted a reasonable pause in the hearing to review the evidence or prepare for questioning of the witness.

Participants in the live hearing

Live hearings are not public, and the only individuals permitted to participate in the hearing are as follows:

Complainant and Respondent (The Parties)

The parties cannot waive the right to a live hearing.

  • The institution may still proceed with the live hearing in the absence of a party, and may reach a determination of responsibility in their absence, including through any evidence gathered that does not constitute a “statement” by that party. (See 85 Fed. Reg. 30026, 30361 (May 19, 2020)).
  • For example, A verbal or written statement constituting part or all of the sexual harassment itself is not a “prior statement” that must be excluded if the maker of the statement does not submit to cross-examination about that statement. In other words, a prior statement would not include a document, audio recording, audiovisual reading, and digital media, including but not limited to text messages, emails, and social media postings, that constitute the conduct alleged to have been the act of sexual harassment under the formal complaint.
  • SUNY Canton will not threaten, coerce, intimidate or discriminate against the party in an attempt to secure sunny the party’s participation. (See 34 C.F.R. § 106.71; see also 85 Fed. Reg. 30026, 30216 (May 19, 2020)).
  • If a party does not submit to cross-examination, the decision-maker cannot rely on any prior statements made by that party in reaching a determination regarding responsibility, but may reach a determination regarding responsibility based on evidence that does not constitute a “statement” by that party.
  • The decision-maker cannot draw an inference about the determination regarding responsibility based solely on a party’s absence from the live hearing or refusal to answer cross examination or other questions.

NOTE: See 34 C.F.R. §106.45(b)(6)(i).

The Decision-maker

  • The hearing body will consist of three (3) trained College employees.
  • No member of the hearing body will also have served as the Title IX Coordinator, Title IX investigator, or advisor to any party in the case, nor may any member of the hearing body serve on the appeals body in the case.
  • No member of the hearing body will have a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
  • The hearing body will be trained on topics including how to serve impartially, issues of relevance, including how to apply the rape shield protections provided for complainants, and any technology to be used at the hearing.
  • The parties will have an opportunity to raise any objections regarding a decision-maker’s actual or perceived conflicts of interest or bias at the commencement of the live hearing.

Advisor of choice

  • The parties have the right to select an advisor of their choice, who may be, but does not have to be, an attorney.
  • The advisor of choice may accompany the parties to any meeting or hearing they are permitted to attend, but may not speak for the party, except for the purpose of cross-examination.
  • The parties are not permitted to conduct cross-examination; it must be conducted by the advisor. As a result, if a party does not select an advisor, the institution will select an advisor to serve in this role for the limited purpose of conducting the cross-examination at no fee or charge to the party.
  • The advisor is not prohibited from having a conflict of interest or bias in favor of or against complainants or respondents generally, or in favor or against the parties to the particular case.
  • The advisor is not prohibited from being a witness in the matter.
  • If a party does not attend the live hearing, the party’s advisor may appear and conduct cross-examination on their behalf. See, 85 Fed. Reg. 30026, 30340 (May 19, 2020).
  • If neither a party nor their advisor appear at the hearing, SUNY Canton will provide an advisor to appear on behalf of the non-appearing party. See, 85 Fed. Reg. 30026, 30339-40 (May 19, 2020).

Witnesses

  • Witnesses cannot be compelled to participate in the live hearing and have the right not to participate in the hearing free from retaliation. See, 85 Fed. Reg. 30026, 30360 (May 19, 2020).
  • If a witness does not submit to cross-examination, as described below, the decision-maker cannot rely on any statements made by that witness in reaching a determination regarding responsibility, including any statement relayed by the absent witness to a witness or party who testifies at the live hearing. 85 Fed. Reg. 30026, 30347 (May 19, 2020).

Hearing Procedures

For all live hearings conducted under this Title IX Grievance Process, the procedure will be as follows:

  • The Chair of the hearing board will open and establish rules and expectations for the hearing;
  • The Parties will each be given the opportunity to provide opening statements;
  • The members of the hearing board will ask questions of the Parties and Witnesses;
  • Parties will be given the opportunity for live cross-examination after the hearing board conducts its initial round of questioning; During the Parties’ cross-examination, the Chair of the hearing board will have the authority to pause cross-examination at any time for the purposes of asking their own follow up questions; and any time necessary in order to enforce the established rules of decorum.
  • Should a Party or the Party’s Advisor choose not to cross-examine a Party or Witness, the Party shall affirmatively waive cross-examination through a written or oral statement to the Chair of the hearing board. A Party’s waiver of cross-examination does not eliminate the ability of the hearing board to use statements made by the Party.

Live Cross-Examination Procedure

Each party’s advisor will conduct live cross-examination of the other party or parties and witnesses. During this live-cross examination the advisor will ask the other party or parties and witnesses relevant questions and follow-up questions, including those challenging credibility directly, orally, and in real time.

Before any cross-examination question is answered, the Chair of the hearing board will determine if the question is relevant. Cross-examination questions that are duplicative of those already asked, including by the hearing board may be deemed irrelevant by the Chair of the hearing board if they have been asked and answered.

Review of Recording

The recording of the hearing will be available for review by the parties with the Title IX Coordinator or their designee within seven (7) business days, unless there are any extenuating circumstances. The recording of the hearing will not be provided to parties or advisors of choice.

Determination Regarding Responsibility

Standard of Proof

SUNY Canton uses the preponderance of the evidence standard for investigations and determinations regarding responsibility of formal complaints covered under this Policy. This means that the investigation and hearing determines whether it is more likely than not that a violation of the Policy occurred.

General Considerations for Evaluating Testimony and Evidence

While the opportunity for cross-examination is required in all Title IX hearings, determinations regarding responsibility may be based in part, or entirely, on documentary, audiovisual, and digital evidence, as warranted in the reasoned judgment of the Decision-maker.

Decision-makers shall not draw inferences regarding a party or witness’ credibility based on the party or witness’ status as a complainant, respondent, or witness, nor shall it base its judgments in stereotypes about how a party or witness would or should act under the circumstances.

Generally, credibility judgments should rest on the demeanor of the party or witness, the plausibility of their testimony, the consistency of their testimony, and its reliability in light of corroborating or conflicting testimony or evidence.

Still, credibility judgments should not rest on whether a party or witness’ testimony is non-linear or incomplete, or if the party or witness is displaying stress or anxiety.

Decision makers will afford the highest weight relative to other testimony to first-hand testimony by parties and witnesses regarding their own memory of specific facts that occurred. Both inculpatory and exculpatory (i.e. tending to prove and disprove the allegations) evidence will be weighed in equal fashion.

Except where specifically barred by the Title IX Final Rule, a witness’ testimony regarding third-party knowledge of the facts at issue will be allowed but will generally be accorded lower weight than testimony regarding direct knowledge of specific facts that occurred.

The Final Rule requires that SUNY Canton allow parties to call “expert witnesses” for direct and cross examination. SUNY Canton does not provide for expert witnesses in other proceedings. While the expert witness will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford lower weight to non-factual testimony of the expert relative to fact witnesses, and any expert testimony that is not directed to the specific facts that occurred in the case will be afforded lower weight relative to fact witnesses, regardless of whether the expert witness testimony is the subject of cross examination and regardless of whether all parties present experts as witnesses.

The Final Rule requires that SUNY Canton allow parties to call character witnesses to testify. SUNY Canton does not provide for character witnesses in any other judicial proceedings. While the character witnesses will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford very low weight to any non-factual character testimony of any witness.

The Final Rule requires that SUNY Canton admit and allow testimony regarding polygraph tests (“lie detector tests”) and other procedures that are outside of standard use in academic and non-academic conduct processes. While the processes and testimony about them will be allowed to testify and be crossed as required by the Final Rule, the decision-maker will be instructed to afford lower weight to such processes relative to the testimony of fact witnesses.

Where a party or witness’ conduct or statements demonstrate that the party or witness is engaging in retaliatory conduct, including but not limited to witness tampering and intimidation, the decision-maker may draw an adverse inference as to that party or witness’ credibility.

Components of the Determination Regarding Responsibility

The written Determination Regarding Responsibility will be issued simultaneously to all parties through their institution email account, or other reasonable means as necessary. The Determination will include:

  1. Identification of the allegations potentially constituting covered sexual harassment;
  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  3. Findings of fact supporting the determination;
  4. Conclusions regarding which section of the Code of Conduct, if any, the respondent has or has not violated.
  5. For each allegation:
  6. A statement of, and rationale for, a determination regarding responsibility;
  7. A statement of, and rationale for, any disciplinary sanctions the recipient imposes on the respondent; and
  8. A statement of, and rationale for, whether remedies designed to restore or preserve equal access to the recipient’s education program or activity will be provided by the recipient to the complainant; and
  9. The recipient’s procedures and the permitted reasons for the complainant and respondent to appeal (described below in “Appeal”).

Timeline of Determination Regarding Responsibility

If there are no extenuating circumstances, the determination regarding responsibility will be issued by SUNY Canton within ten (10) business days of the completion of the hearing.

Finality

The determination regarding responsibility becomes final either on the date that the institution provides the parties with the written determination of the result of the appeal, if an appeal is filed consistent with the procedures and timeline outlined in “Appeals” below, or if an appeal is not filed, the date on which the opportunity to appeal expires.

Appeals

Each party may appeal (1) the dismissal of a formal complaint or any included allegations and/or (2) a determination regarding responsibility. To appeal, a party must submit their written appeal within five (5) business days of being notified of the decision, indicating the grounds for the appeal.

The limited grounds for appeal available are as follows:

  • Procedural irregularity that affected the outcome of the matter (i.e. a failure to follow the institution’s own procedures);
  • New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
  • The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against an individual party, or for or against complainants or respondents in general, that affected the outcome of the matter.

The submission of appeal stays any sanctions for the pendency of an appeal. Supportive measures and remote learning opportunities remain available during the pendency of the appeal.

If a party appeals, the institution will as soon as practicable notify the other party in writing of the appeal, however the time for appeal shall be offered equitably to all parties and shall not be extended for any party solely because the other party filed an appeal.

Appeals may be no longer than five (5) pages (including attachments). Appeals should be submitted in electronic form using Times New Roman, 12 point font, and single-spaced. Appeals should use footnotes, not endnotes. Appeals that do not meet these standards may be returned to the party for correction, but the time for appeal will not be extended unless there is evidence that technical malfunction caused the appeal document not to meet these standards.

Appeals will be decided by an appellate hearing board, who will be free of conflict of interest and bias, and will not serve as investigator, Title IX Coordinator, or hearing decisionmaker in the same matter.

Outcome of appeal will be provided in writing simultaneously to both parties and include rationale for the decision.

Retaliation

SUNY Canton will keep the identity of any individual who has made a report or complaint of sex discrimination confidential, including the identity of any individual who has made a report or filed a Formal Complaint of sexual harassment under this Title IX Grievance Policy, any Complainant, any individual who has been reported to be the perpetrator of sex discrimination, any Respondent, and any witness, except as permitted by the FERPA statute, 20 U.S.C. 1232g, or FERPA regulations, 34 CFR part 99, or as required by law, or to carry out the purposes of 34 CFR part 106, including the conduct of any investigation, hearing, or judicial proceeding under this Title IX Grievance Policy.

No person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX of the Education Amendments of 1972 or its implementing regulations.

No person may intimidate, threaten, coerce, or discriminate against any individual because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding or hearing under this Title IX Grievance Policy.

Any intimidation, threats, coercion, or discrimination, for the purpose of interfering with any right or privilege secured by Title IX or its implementing regulations constitutes retaliation. This includes any charges filed against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but that arise from the same facts or circumstances as a report or complaint of sex discrimination or a report or Formal Complaint of sexual harassment. SUNY Canton’s Amnesty Policy can be found in the Student Handbook.

Complaints alleging retaliation may be filed according to the SUNY Canton grievance procedures outlined on the SUNY Canton Title IX Webpage.

30.8.5 Campus Climate Assessment Policy

Climate assessments afford institutions the opportunity to better understand their campus and to make informed decisions when it comes to providing a safe educational environment. Beginning in the 2015-2016 academic year,  each State University of New York State-operated and community college will conduct a uniform climate survey that ascertains student experience with and knowledge of reporting and college adjudicatory processes for sexual harassment, including sexual violence, and other related crimes.

The survey will address at least the following:

Student and employee knowledge about:

  • The Title IX Coordinator’s role;
  • Campus policies and procedures addressing sexual assault;
  • How and where to report sexual violence as a victim/survivor or witness;
  • The availability of resources on and off campus, such as counseling, health, academic assistance;
  • The prevalence of victimization and perpetration of sexual assault, domestic violence, dating violence, and stalking on and off campus during a set time period (for example, the last two years);
  • Bystander attitudes and behavior;
  • Whether victims/survivors reported to the College/University and/or police, and reasons why they did or did not report;
  • The general awareness of the difference, if any, between the institution’s policies and the penal law; and
  • The general awareness of the definition of affirmative consent.

Every institution shall take steps to ensure that answers remain anonymous and that no individual is identified.  Results will be published on the campus website providing no personally identifiable information shall be shared.

The Chancellor or designee will convene a group of scholars and practitioners to review methods of assessing campus climate, specific questions asked in past surveys, relevant data on responses and response rates, issues and problems encountered in survey implementation, and lessons learned from past surveys. The Chancellor or designee will gather this data and seek to develop a standardized survey, with the advice of relevant members of the SUNY community and knowledgeable outside entities, that uses established measurement tools, to be implemented every two years by all SUNY State-operated and community colleges beginning in the 2015-2016 academic year. This policy may be changed by the Chancellor or designee should federal and/or State legislation require a different process or duplicate efforts to assess campus climate via survey.

30.8.7 Student Onboarding and Ongoing Education Guide

The State University of New York and its State-operated and community colleges believe that sexual violence prevention training and education cannot be accomplished via a single day or a single method of training. To that end, SUNY campuses will continue to educate all new and current students using a variety of best practices aimed at educating the entire College community in a way that decreases violence and maintains a culture where sexual assault and acts of violence are not tolerated.

All new first-year and transfer students will, during the course of their onboarding to a SUNY State-operated or community college, receive training on the following topics, using a method and manner appropriate to the institutional culture of each campus:

  • The institution prohibits sexual harassment, including sexual violence, domestic violence, dating violence, stalking, other violence or threats of violence, and will offer resources to any victims/survivors of such violence while taking administrative and conduct action regarding any accused individual within the jurisdiction of the institution.
  • Relevant definitions including, but are not limited to, the definitions of sexual violence and consent.
  • Policies apply equally to all students regardless of sexual orientation, gender identity, or gender expression.
  • The role of the Title IX Coordinator, University Police and other relevant offices that address violence prevention and response.
  • Awareness of violence, its impact on victims/survivors and their friends and family, and its long-term impact.
  • The Students’ Bill of Rights and Sexual Violence Response Policy, including:
    • How to report sexual violence and other crimes confidentially, and/or to College officials, campus law enforcement and local law enforcement;
    • How to obtain services and support.
  • Bystander intervention and the importance of taking action, when one can safely do so, to prevent violence.
  • The protection of the Policy for Alcohol and/or Drug Use Amnesty in Sexual and Interpersonal Violence Cases.
  • Risk assessment and reduction including, but not limited to, steps that potential victims/survivors and potential assailants and bystanders to violence can take to lower the incidence of sexual violence.
  • Consequences and sanctions for individuals who commit these crimes.

The onboarding process is not limited to a single day of orientation, but recognizes that students enroll at different times at different SUNY campuses and gives campuses the flexibility to best educate students at a time and manner that can most effectively bring these points to light. SUNY will conduct these trainings for all new students, whether first-year or transfer, undergraduate, graduate, or professional. Each campus shall use multiple methods to educate students about sexual violence prevention. Each SUNY institution will also share information on sexual violence prevention with parents of enrolling students.

Students at SUNY State-operated and community college campuses shall be offered general and specialized training in sexual violence prevention. Each institution will conduct a campaign, compliant with the requirements of the Violence Against Women Act, to educate the student population. Further, institutions will, as appropriate, provide or expand specific training to include groups such as international students, students who are also employees of the campus, leaders and officers of registered/recognized student organizations, online and distance education students. Institutions will also provide specific training to members of groups identified as likely to engage in high-risk behavior.

Beginning in the 2015-2016 academic year, SUNY State-operated and community colleges will require that student leaders and officers of registered/recognized student organizations and those seeking recognition complete training on domestic violence, dating violence, sexual assault, or stalking prevention as part of the approval process and require student-athletes to complete training in domestic violence, dating violence, sexual assault, or stalking prior to participating in intercollegiate athletics.

Methods of training and educating students may include, but are not limited to:

  • President’s welcome messaging;
  • Peer theater and peer educational programs;
  • Online training;
  • Social media outreach;
  • First-year seminars and transitional courses;
  • Course syllabi;
  • Faculty teach-ins;
  • Institution-wide reading programs;
  • Posters, bulletin boards, and other targeted print and email materials;
  • Programming surrounding large recurring campus events;
  • Partnering with neighboring SUNY and non-SUNY colleges to offer training and education;
  • Partnering with State and local community organizations that provide outreach, support, crisis intervention, counseling and other resources to victims/survivors of crimes to offer training and education. Partnerships can also be used to educate community organizations about the resources and remedies available on campus for students and employees seeking services; and
  • Outreach and partnering with local business that attract students to advertise and educate about these policies.

Each SUNY campus reported back to the Chancellor on or before March 31, 2015, on their plan to comply with this policy. Each institution must engage in a regular assessment of their programming and policies to determine effectiveness. The institution may either assess its own programming or conduct a review of other campus programming and published studies to adapt its programming to ensure effectiveness and relevance to students.

Prevention Education & Awareness Programs/Trainings

The College has educational programs to promote the awareness of rape, acquaintance rape, dating violence, domestic violence, sexual assault, and stalking.  These educational programs include primary prevention and awareness programs for all incoming students and new employees.  These educational programs will include: a statement that these crimes are prohibited at the College; definitions of consent, domestic violence, dating violence, sexual assault, and stalking in the College’s jurisdiction; safe and positive bystander intervention when there’s a risk of one of those incidents; information on risk reduction to recognize warning signs of abusive behavior and avoiding potential attacks; and information about the institutional disciplinary procedures.  The various programs and trainings offered by the College/university are described below:

  1. Prevention Programs: These are programs to prevent dating violence, domestic violence, sexual assault, and stalking. The programs are culturally relevant, inclusive of diverse communities and identities, sustainable, responsive to community needs, and informed by research or assessed for value, effectiveness, or outcome.  They also consider environmental risk and protective factors as they occur on the individual, relationship, institutional, community, and societal levels.
  2. Awareness Programs: These are community-wide or audience-specific programming initiatives and strategies that increase audience knowledge and share information and resources to prevent violence, promote safety, and reduce perpetration. 
  3. Bystander Intervention: These programs and trainings offer safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is a risk of dating violence, domestic violence, sexual assault, or stalking. They include recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.
  4. Ongoing Prevention & Awareness Campaigns: These include programming initiatives and strategies that are sustained over time and focus on increasing understanding of topics relevant to and skills for addressing dating violence, domestic violence, sexual assault, and stalking, using a range of strategies with audiences throughout the College/university and including information provided in campus educational programs.
  5. Primary Prevention Programs: These include programming initiatives and strategies informed by research or assessed for value, effectiveness, or outcome that are intended to stop dating violence, domestic violence, sexual assault, and stalking before they occur through the promotion of positive and healthy behaviors that foster healthy, mutually respectful relationships and sexuality, encourage safe bystander intervention, and seek to change behavior and social norms in healthy and safe directions.
  6. Risk Reduction Programs: These programs present options designed to decrease perpetration and bystander inaction, and to increase empowerment for victims in order to promote safety and to help individuals and communities address conditions that facilitate violence.

APPENDIX A:

NYS Division of Human Rights
State Headquarters
New York State Division of Human Rights
One Fordham Plaza, 4th Floor
Bronx, New York 10458
Tel: 718-741-8400
Fax: 718-741-3214


NYS Division of Human Rights
Albany Office
Empire State Plaza, Corning Tower, 28th Floor,
Albany, New York 12220
Tel: 518-474-2705
Fax: 518-473-3422

Office of Sexual Harassment
New York State Division of Human Rights Office of Sexual Harassment
55 Hanson Place, Suite 347
Brooklyn, New York 11217
Tel: 718-722-2060 or 1-800-427-2773
Fax: 718-722-4525

Office of AIDS Discrimination
New York State Division of Human Rights Office of AIDS Discrimination
20 Exchange Place, 2nd Floor
New York, New York 10005
Tel: 212-480-2522
Fax: 212-480-0143

United States Department of Labor
Office of Federal Contract Compliance Programs (OFCCP)
201 Varick Street, Room 750
New York, New York 10014
Tel: 212-337-2006
Fax: 212-620-7705

OFCCP New York District Office
26 Federal Plaza, Room 36-116
New York, New York 10278-0002
Tel: 212-264-7742
Fax: 212-264-8166

New York State Department of Labor
State Campus, Building 12, Room 500
Albany, New York 12240-0003
Tel: 518-457-274
Fax: 518-457-6908

United States Equal Employment Opportunity Commission
EEOC National Headquarters
1801 L. Street N.W.
Washington, D. C. 20507
Tel: 202-663-4900
Fax: 202-663-4912

EEOC Field Office
6 Fountain Plaza, Suite 350
Buffalo, New York 14202
Tel: 716-551-4441
Fax: 716-551-4387

Office for Civil Rights
OCR National Headquarters S. Department of Education
Office of Civil Rights,
Customer Service Team
Mary E. Switzer Building
330 C. Street, S. W.
Washington, D. C.  20202
Tel: 800-421-3481
Fax: 202-205-9862

Office for Civil Rights, New York Office
32 Old Slip, 26th Floor
New York, New York 10005-2500
OCR.NewYork@ed.gov
Tel: 646-428-3800

30.9.0 Fire Alarm Systems & Fire Protection Equipment

Last Update:

Falsely reporting a fire alarm is a Felony under the New York State Penal Law. An arrest may result when an individual initiates or circulates a false report or warning of an alleged occurrence or impeding occurrence of a fire, explosion, or the release of a hazardous substance under circumstances in which it is not unlikely that public alarm or inconvenience will result. Tampering with fire protection equipment endangers the lives and safety of members of the campus community and an arrest and/or discipline by the Student Conduct Office may result.

30.9.1 Residence Hall Fire and Fire Drill Procedures

If there is a fire in the residence halls, pull the nearest fire pull box and notify your Resident Assistant, the Residence Hall Director, or the office at once.

During the year, there will be periodic fire drills in the residence hall conducted by University Police. These drills are often unannounced so you should assume that there is a fire whenever you hear the alarm. When a fire alarm sounds, all residents must immediately and completely evacuate the residence hall, and dress appropriately for current outdoor weather conditions.

You are responsible for knowing the proper fire drill procedure including the proper dress, preparation of your room, exit route, and assembly area.

If you are not in your room when the alarm goes off, proceed to the nearest exit and go to the area outside the building assigned to you for roll call. If you are in your room, please adhere to the following rules:

  1. Open the blinds and leave lights on in the room.
  2. Close windows if possible.
  3. Close your room door.
  4. Wake roommate(s).
  5. Proceed quickly and quietly to the nearest exit.
  6. Wait outside the fire exit, away from the building, for further instruction.
  7. Rooms may be checked for evacuation by Residence Life Staff and University Police.

30.9.2 Kennedy Hall Fire Alarm Policy

Use of cook stoves in Kennedy Hall is a privilege, not a right.  If the fire alarm is set off in a suite more than once during the academic year, regardless of the reason, the power to the cook stove in that suite may be be shut off for the remainder of the semester, or for a one-month period.

Additionally, if the oven, stove or burners are discovered to be unacceptably dirty or if there is evidence that the smoke detector has been covered or tampered with, the power to the stove will also be shut off immediately.

The purpose of this policy is to reduce the number of fire alarm activations in the building and to prevent potentially dangerous situations. 

Please remember:

  1. When using the stove, never leave it unattended.
  2. Always keep the oven, burners and stove-top clean.
  3. To reduce smoke and steam, use lower temperature settings and utilize lids for pots and pans.
  4. Know the location of the fire extinguisher and know how to use it.

If you set off the alarm in your suite by accident (i.e. cooking) and there is no fire, all occupants of the suite must evacuate the suite and travel down to the first floor lobby, to wait for University Police. If you know there is a fire within your suite, evacuate the suite, pull the nearest fire alarm pull station to sound a general alarm, indicated by flashing strobes within the corridor and common areas, and evaluate the building. If your suite is the only suite in which the fire alarm is sounding, University police will investigate the alarm upon their arrival. If no fire is found by University Police, they will reset the system and let the occupants back into their suite. At all times if the fire alarms sounds and you evacuate your suite and find the building in general alarm you must evacuate the building.

30.9.3 NY State Student Notification of Fire Safety Standards in Residence Halls

N.Y. Education Law 6438 requires notification of fire safety standards and measures in all College-owned or College-operated housing. To facilitate compliance the following information is provided:

An Emergency Evacuation and Fire Safety Plan has been developed for the Campus including: Mohawk Hall, Heritage Hall, Rushton Hall, Smith Hall and Kennedy Hall. This plan can be viewed and is available on the web at: http://www.canton.edu/university_police/ the EH&S website at: http://www.canton.edu/ehs/ and also through the Residence Life Office.

30.9.3.1 Sprinkler Systems

Mohawk Hall, Heritage Hall, Rushton Hall and Smith Hall are equipped with sprinkler systems in the basement and first floor storage areas. Heritage Hall East Wing,  Rushton Hall East Wing, Mohawk Hall East Wing, and Kennedy Hall are equipped with an automatic sprinkler system designed to discharge water when the effects of a fire have been detected. In general, sprinkler heads are located in each space of the building.

30.9.3.2 Fire Alarm Systems

All five residence halls are equipped with an automatic fire alarm system designed to detect the unwanted presence of fire by monitoring the presence of smoke and/or heat. In general, smoke and/or heat detectors are located in each space of the building. The fire alarm system can also be manually actuated by pulling a fire alarm pull station. Fire alarm pull stations are located throughout the building at or near an exit. The location of fire alarm pull stations are identified in the Emergency Evacuation and Safety Plan as well as on posted Building Evacuation Plans.

30.9.3.3 Fire Extinguishers

All five residence halls are equipped with portable fire extinguishers. Portable fire extinguishers are intended to extinguish or control small fires. In general, portable fire extinguishers are located on each floor of the building in common areas and other required spaces. The location of portable fire extinguishers are identified in the Emergency Evacuation and Safety Plan as well as on posted Building Evacuation Plans.

30.9.3.4 Exits

All five residence halls are equipped with emergency exits and stairwells. The location of emergency exits and stairwells are identified in the Emergency Evacuation and Safety Plan as well as on posted Building Evacuation Plans.

Additional fire safety information including the Campus Fire Safety Report may also be found in the annual Jeanne Clery Disclosure Act and Fire Safety Report which can found at: http://www.canton.edu/clery_act/.

30.10.0 Hazing

Last Update:

SUNY Canton prohibits the taking of any action, creating, or participating in the creation of any situation that endangers mental or physical health, endangers safety, involves the forced consumption of alcohol or drugs, or destroys or removes public or private property, for the purpose of initiation into, affiliation with, or as a condition for continued membership, in a group or organization. Individuals and/or organizations in violation of this policy are subject to disciplinary action by the appropriate disciplinary body of the College and may be subject to any applicable provision of the New York State Penal Law. Students who are present for, but do not report, the hazing of others, may be subject to disciplinary action under this policy as well. Any suspension/expulsion from the College due to hazing will result in a notation being placed on the student’s academic transcript, loss of all academic credits for the semester of violation, and liable for all the semester’s tuition and fees.

Due to the supportive and condoning role played by “audiences” or witnesses to hazing, the College will interpret a person’s presence during hazing (even if the person is a bystander and not directly-acting) as condoning the activities and therefore, participating. The College will hold such persons collectively responsible along with the directly-acting participants.

30.10.1 Anti-Hazing Pledge

SUNY Canton supports an anti-hazing pledge which is used with various students/student organizations/athletic teams, which reads:

I have read SUNY Canton’s Anti-Hazing policy, have received a copy of it to keep, and am aware of the repercussions for participating in hazing. Further, I understand the sanctions for hazing incidents on campus and understand that if I am found responsible for participating in, condoning, or otherwise creating an environment where hazing is performed or tolerated, I risk being suspended or expelled from SUNY Canton and/or my organization losing recognition with the College for a period of three years.

More importantly, I do not accept hazing.  This is not what I stand for, and not what my organization stands for. My signature below indicates that I will not participate in hazing, nor condone it, nor allow it to happen in my organization. I will report hazing incidents if I become aware of them, and will support the college’s Anti-Hazing policy.  I stand up against hazing.

In signing below, I am committing myself to this pledge, and understand the repercussions of violating this pledge and the Anti-Hazing policy.

30.11.0 Mandatory Housing Policy

Last Update:

Policy for students who matriculated prior to the spring semester of 2024:

Every student in full-time attendance at SUNY Canton, other than married students, single parents, students residing with parent or legal guardian, students 21 years of age or older, students taking only online classes who will be living 60+ miles from Canton and will not be participating in on-campus activities such as athletics and Greek Life, and students living in College-approved Greek housing are required to live on-campus, or be released from that requirement by the Director of Residence Life. Any student who is officially enrolled in a Bachelor’s degree program and is in their junior or senior year with 60+ earned credit hours can be released. Due to the higher tuition rates paid by out-of-state and international students, release requests not meeting the above criteria will be considered on a case-by-case basis for these students. All other cases will be reviewed on an individual basis, and a judgment will be made by the Director of Residence Life as to whether the severity of the hardship warrants a release. In addition, all students who live on campus in College housing are required to purchase one of the available meal plans with College Association.

Policy for students who matriculate for the spring semester of 2024 and beyond:

Every student in full-time attendance at SUNY Canton, other than married students, single parents, students residing with parent or legal guardian (must be within a 60 mile radius of Canton), students 21 years of age or older (as of the first day of classes), students taking only online classes who will be living 60+ miles from Canton and will not be participating in on-campus activities such as athletics and Greek Life, and students living in College-approved Greek housing are required to live on-campus, or be released from that requirement by the Director of Residence Life. Any student who is officially enrolled in a Bachelor’s degree program and is in their junior or senior year with 60+ earned credit hours can be released. All other cases will be reviewed on an individual basis, and a judgment will be made by the Director of Residence Life as to whether the severity of the hardship warrants a release. Any student who is a U.S. citizen, or permanent resident, who is requesting release from on-campus housing due to a financial hardship must have a current FAFSA on file and must provide a statement explaining the financial hardship. International students requesting release from on-campus housing due to a financial hardship must provide a copy of their family’s most recent tax returns and must include a statement explaining the financial hardship. These requests are reviewed on a case-by-case basis. Students requesting release from on-campus housing due to health or mental health reasons must follow the college’s Medical Housing Process, which can be found on the SUNY Canton Residence Life webpage. In addition, all students who live on campus in College housing are required to purchase one of the available meal plans with College Association.

30.12.0 Off-Campus Addresses

Last Update:

All students living off campus are required to notify the College of their off-campus addresses and phone numbers by September 15 of the Fall semester or February 15 of the Spring semester or immediately thereafter following any moves.  Failure to abide by this regulation will result in holds being placed on a student’s account, and the holds will not be removed until the student is in compliance. Addresses should be provided to the Residence Life Office at the time a housing release request is submitted or provided to the Registrar’s Office if the address change takes place after the release request has been submitted.

30.13.0 Residence Hall Guide

Last Update:

The residence hall guide contains information specifically catered to students living in on-campus housing, but is not comprehensive of all policies that pertain to residential students. All campus policies that students are expected to abide by are located in the Student Handbook and must be reviewed in addition to the information shared within the residence hall guide to foster an understanding of a student’s rights and responsibilities while living on-campus and enrolled at SUNY Canton.

30.13.1 General Conditions of Occupancy

  1. The residence hall license for all residence halls is binding for the entire academic year (both fall and spring semesters) as a student entering into the Housing License at the beginning of the Fall Semester at SUNY Canton. Note: A student residing in Kennedy Hall must remain in the building for the term of the License (Entire Academic Year). They cannot move to a different campus residence hall.
  2. Any change of occupancy must have prior, specific written approval of the Residence Hall Director in charge of the residence hall to which the student or students are officially assigned by the College. Note: Students residing in Kennedy Hall may only move within Kennedy Hall.
  3. The College reserves the right in all campus housing to:
    1. increase or decrease the designed occupancy of a room at any time to insure maximum utilization of residence hall rooms;
    2. move students within the residence hall system at its discretion for programmatic, financial or disciplinary reasons;
  4. Residence Hall Guest Policy – A guest is anyone other than an authorized resident of the room in which they wish to visit. Students wishing to have guests must follow these guidelines:
    1. The resident student must register their guest with the residence hall staff (Residence Hall Director or Resident Assistant) upon the guest’s arrival to the residence hall. Guests may also be pre-registered with the RA or RD, but will have to provide identification to the residence hall staff for review when they arrive.
    2. Students must obtain permission from all roommates in advance of the guest’s arrival. If roommates, at any time, withdraw their permission for the guest to stay in their room, the guest will be asked to leave.
    3. No one under the age of 17 is permitted to be a guest in the residence halls at any time unless they are a registered, full-time student at SUNY Canton.
    4. Students are responsible for their guests at all times. If the guest violates the rules/policies at SUNY Canton, they may be asked to leave at any time and the student may be held accountable through the campus judicial system for any code violations.
    5. Guests are limited to a stay of no more than three (3) days/nights per month, and no longer than 48 hours at a time.
    6. Each room is only permitted to have one guest at a time unless special permission is obtained from the Residence Hall Director.
    7. Guests are not permitted during final exams week.
    8. Guests must carry identification on them at all times during their stay on campus, and must submit this identification for review to staff upon request.
    9. Guests who are not officially registered may be removed at any time from the residence hall and/or campus.
  5. Children under 17 years of age are not permitted in the residence halls unless accompanied by a legal guardian, College employee or a sibling who resides in the residence hall who is at least 18 years old. Under no circumstances is an individual under 17 years of age allowed in the residence halls after 9 p.m. or before 9 a.m., unless they are participating in a College-organized program. An individual must be at least 16 years old and a full-time student to reside in the residence halls.
  6. Residence halls are open only when classes are in session. During vacation periods residents are required to leave the facilities prior to 5:00 p.m. on the last day of classes. Only those students who have received prior permission from the Director of Residence Life will be permitted to stay during vacations. This costs an additional fee of $150 per week (not including international students).
  7. Rooms must be vacated within 24 hours of withdrawal or suspension from the College.
  8. All residents are required to contract and pay for an approved College meal plan unless specifically exempted therefrom.
  9. This License does not automatically renew upon the expiration of the term hereof. If the student is interested in renewing the term of this License upon expiration, the student must pay their housing deposit and attend Room Reservation or Housing Lottery in the spring semester.   The Office of Residence Life may accept or deny any such renewal request at its sole discretion.
  10. Release from Housing License - In the event that a student is no longer registered as a student at the State University of New York at Canton during the term of this License, the student shall use their best efforts to find alternative housing as soon as possible.  Within 24 hours of the date on which the student ceases to be a registered student,  the student shall notify the Residence Life Office of such cessation and include with such notice documentation from the Registrar’s Office verifying such change in status.  Within seven (7) days thereafter, the Office of Residence Life shall determine whether or not it will release the student from any further liability under this License and shall furnish the student with written notification of such determination.  If the Office of Residence Life elects to release the student from such liability, the student shall vacate the Room/Suite within 24 hours of the receipt of the Office of Residence Life’s determination As long as the student remains within the Room/Suite, the student shall remain responsible for the payment and performance of all License fees and other License obligations.

The Office of Residence Life’s decision to release the student from further liability hereunder shall be within the Office of Residence Life’s sole discretion and may be conditioned, at a minimum, upon any one or all of the following:  (a) student moving out of the Room/Suite within 24 hours of receipt of notification of the Office of Residence Life’s determination; (b) student paying SUNY Canton in full for License fee for any time prior to student moving out of the Room/Suite; and (c) student reimbursing SUNY Canton for any damage to the Room/Suite or Complex deemed to be the responsibility of student not covered by the Office of Residence Life’s housing deposit. If student has prepaid any of the above amounts, the Office of Residence Life shall reimburse the student for these prepaid amounts less items mentioned in the preceding sentence. If the Office of Residence Life grants the student a release, then the student shall be entitled to a refund based on the College’s refund schedule as stated in the Student Handbook.

30.13.2 Duties, Standards & Obligations

  1. Residents shall be held responsible for and charged with full knowledge of all applicable rules and regulations contained in the current Code of Student Conduct and all Office of Residence Life publications. Students are considered adults and, therefore, are expected to obey all laws and take personal responsibility for their conduct.
  2. The resident agrees to conform to generally accepted standards of decent and considerate behavior, including respect for the privacy of others and the maintenance of an atmosphere conducive to study and harmonious living, in keeping with the function and purpose of each room, lounge, or other area of the residence hall.
  3. Quiet hours are in effect from 8:00 p.m. to 9:00 a.m. on Sunday through Thursday and Midnight to 10:00 a.m. on Friday and Saturday. Morgue hours are in effect from 10:00 p.m. to 9:00 a.m. on Sunday through Thursday and Midnight to 10:00 a.m. on Friday and Saturday. A four-hour break occurs from 4 p.m. to 8 p.m. Morgue hours begin approximately one week prior to final examinations and remain in effect through the end of the semester.
  4. Courtesy hours are in effect 24 hours a day, 7 days a week. The goal is to empower residents to take control of the environment in which they sleep, study and live. Residents are expected to cooperate with reasonable requests from other residents and staff members. Doing so will create a more positive atmosphere and will make for a more enjoyable living environment.
  5. The privilege of using alcoholic beverages is governed by State law and College policy as detailed in the Student Handbook. Irresponsible and/or illegal use of alcoholic beverages and/or the resulting inappropriate behavior is strictly prohibited.
  6. Refrigerators of 1.7 cubic feet are permitted in student rooms. Larger refrigerators are also acceptable, AS LONG AS the TOTAL cubic footage of refrigerator(s) in each individual student room does not exceed 3.4 cubic feet. Note: Individual refrigerators are prohibited in Kennedy Hall.  Each suite has a full-size refrigerator in its kitchen area.
  7. The resident further agrees to comply with any and all further rules, regulations and directions of residence hall staff which the College may prescribe for the safety, cleanliness and care of each room, lounge or other area in the residence hall, and the furniture, fixtures, furnishings, and equipment provided therefore by the College and residence hall as a whole, for the preservation of good order therein; and for the privacy, quiet, comfort, and convenience of all occupants of each room and the residence hall as a whole
  8. All students residing in the residence halls must carry a minimum of 12 credit hours. If a student drops below 12 credits during the academic year, they will be required to move from the residence hall unless approval is given by the Director of Residence Life.
  9. The following are strictly prohibited anywhere in a College residence hall:
    1. the possession, sale or use without a physician’s prescription of any controlled substance under the laws of the State of New York and College policies as stated in the Student Handbook;
    2. smoking is prohibited in all areas of the residence halls;
    3. gambling;
    4. the possession of any explosive device, dangerous chemical, firearm or weapon, including air guns, BB guns, soft air guns, paintball guns, and archery equipment or any weapon in which the propelling force is spring, piston, or CO2 cartridge, or any deadly weapon as defined in the New York State Penal Law or any object that can be construed as a dangerous instrument. The College requires that all firearms or weapons brought on campus be surrendered at the University Police Department, where they will be stored. They may be picked up by the owner when they desire to use them off-campus. Handguns are never allowed on campus;
    5. the possession of any dangerous knife designated in the NYS Penal Law (including gravity knives) and, in addition, any sheath knife or butterfly knife or any other knife that can be construed as a dangerous instrument;
    6. the possession of open electrical appliances, air conditioners; ovens or cooking appliances of any type; halogen torchiere floor lamps; tube, coil or string lighting; Note: Students residing in Kennedy Hall can have cooking appliances in their kitchen area that supplement the stove and oven;
    7. the possession of engines, motors, and mechanical equipment;
    8. the possession of waterbeds;
    9. the possession or harboring of any birds, cats, dogs, snakes or other pets or animals, except for those approved in advance to live in The Pet Wings or Dog Floor;
    10. the throwing of snowballs, Frisbees, and footballs in and around residence halls. Sports are not allowed in the residence halls;
    11. the use of water guns and water fights in and around residence halls;
    12. the possession of stereo speakers, subwoofers or amplifiers.
  10. Commercial use and solicitation in any part of a residence hall is strictly and expressly forbidden except as may be specifically authorized by the Director of Residence Life.
  11. Damages – The student(s) residing in a room or suite are responsible for completing the College’s Room Condition Form when moving into or out of a room or suite. This form will be used by the Office of Residence Life to determine damages billable to the student(s). Student(s) are liable for damages in their bedroom as well as any common area damages. Students shall make no alteration to the Room/Suite or any of the amenities of any nature whatsoever without the Residence Hall Director’s prior written consent.

30.14.0 Snow-Related Activities

Last Update:

The Canton College Foundation owns the property (Hemlock Acres) along the river which is adjacent to the athletic fields. This land has been developed as a cross country ski area for the campus community.

The designated sledding hill, located between the Footbridges and Kennedy Hall, is to be used for sledding only. Other snow sports activities such as skiing and snowboarding are prohibited on campus. Those using the designated sledding hill and cross country ski area are responsible to do so in a safe manner as not to indicate either a willful or wanton disregard for the safety of persons or property.

All sledding and skiing activities outside of the designated areas are prohibited.

30.15.0 SUNY Consensual Relationship Policy

Last Update:

The State University of New York is committed to ensuring that our students, faculty, and staff can learn and work in an environment that is free from nepotism, harassment, exploitation, and conflicts of interest. SUNY is also committed to promoting fairness in grading, evaluation, and career opportunities. In order to achieve this, it is vital that all college personnel maintain professional boundaries with students, and with employees over whom there is or will be a supervisory relationship.

SUNY professional staff and other college personnel exercise power and authority over SUNY students and employees for whom they have current supervisory, instructional, or other professional responsibility, which creates a power imbalance. This makes consent within any romantic relationship between a supervisor and employee or between a professional staff or other college personnel and a student problematic and may impede the real or perceived freedom of the student or employee to terminate or alter the relationship. Further, it may cause individuals outside of that relationship to believe that they are treated in an unequal manner during such a relationship or after it terminates, or it may cause individuals to feel that entering such a relationship is necessary or assistive in attaining their academic or career goals. Such a relationship may damage the credibility or reputation of the student, employee, the department or unit, the campus and University as a whole and may expose individuals or the institution to legal action and liability.

In the academic context, romantic relationships that might be appropriate in other circumstances have inherent dangers when they occur between professional staff or other college personnel and students. Implicit in the idea of professionalism is the recognition by those in positions of authority that in their relationships with students and employees there is an element of power.

Because inherent power differentials exist, professional staff or other college personnel are prohibited from entering romantic relationships with students for whom such staff or personnel have current supervisory, instructional, or other professional responsibility.

Consensual romantic relationships between professional staff or other college personnel and any students for whom such staff or personnel have no current supervisory, instructional, or other professional responsibility are strongly discouraged. It is understood that any intimate activity between SUNY professional staff/other college personnel and another employee or a student/graduate student shall never take place while the SUNY professional staff/other college personnel is on duty or on campus. In regard to SUNY Police, such relations shall also never occur while the officer is in uniform.

In the case of preexisting relationships, professional staff or other college personnel shall be required to recuse themselves from any evaluation of the student and from any activity or decision which may appear to reward, penalize, or otherwise affect the student or student employee and to otherwise take appropriate action to minimize any potential preferential or adverse consequences to the student or other members of the College community.

In the employment context, there is a presumption against romantic relationships between employees where there is a current supervisory or authority imbalance. In cases where there is or has been a consensual romantic relationship between two individuals employed by the college, it is important that any sphere of influence or authority by one such employee over another be removed. Where one person is in the direct line of supervision over the other, the supervisor must notify college administration so that alternative arrangements for supervision can be made.

Where neither individual is in the direct line of supervision over the other, but authority exists wherein one individual could impact any employment-related decision regarding the other, such as participating in decisions regarding hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation or changes in compensation or benefits for the other individual, such person must either recuse themselves from the decision-making process or, in the alternative, notify college administration so that they can be removed from the decision-making process.

Non-consensual relationships are always prohibited and may implicate other policies or laws.

A. Undergraduate Students

SUNY professional staff or other college personnel, are prohibited from entering romantic relationships with any undergraduate students for whom such staff or personnel have current supervisory, instructional, or other professional responsibility.

B. Graduate or Professional Students

SUNY professional staff or other college personnel are prohibited from entering romantic relationships with any graduate or professional student in their academic department or unit or over whom they have current supervisory, instructional, or other professional responsibility.

C. Employees in a Supervisory Role

SUNY professional staff or other college personnel are prohibited from supervising any employee with whom they are currently engaged or in the past have been engaged in a romantic relationship. Professional staff or other college personnel who enter a romantic relationship with any employee for whom they provide direct line supervision must notify their direct supervisor or department/unit head and Director of Human Resources or Employee Relations or designee. The employee’s supervisor or department/unit head, in concert with the Director of Human Resources or Employee Relations or designee, shall determine whether an alternative supervisory structure is possible and, if so, shall direct the employees to the alternative supervisory structure. The conclusion of the relationship (whether amicably or not) does not change the prohibition stated herein.

There is no prohibition or reporting requirement for SUNY professional staff or other college personnel who enter, are currently engaged in, or in the past have been engaged in romantic relationships with other faculty and staff where there is no direct line supervisory relationship. However, where a romantic relationship exists or has existed, professional staff or other college personnel shall recuse themselves from any personnel decisions regarding the other individual including hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation or changes in compensation or benefits for the other individual or, in the alternative, notify college administration so that they can be removed from the decision-making process.

There are no prohibitions or reporting requirements for consensual social interactions between SUNY professional staff or other college personnel, regardless of supervisory relationships, that are not romantic in nature.

D. Pre-Existing Relationships

Relationships between professional staff or other college personnel and an undergraduate, graduate/professional student, or employee for whom the employee will have supervisory, instructional, or other professional responsibility that pre-date enrollment as a student, the existence of a supervisory, instructional, or professional responsibility, or hire as staff are permissible provided that employee notifies their direct supervisor or department/unit head and the Director of Human Resources or Employee Relations or designee. The supervisor or department/unit head and the Director of Human Resources or Employee Relations or designee will work with the covered individuals to ensure that they are not in a direct supervisory or instructional relationship (and, if so, will develop a management plan for the employee), but there is no prohibition on maintaining the relationship. Individuals with hiring or admission authority may not be directly responsible for hiring or admitting an employee or student of any level, with whom they are currently engaged or have in the past been engaged in a romantic, intimate, and/or sexual relationship.

Definitions:

Department or Unit:  an academic department or unit or a professional department or unit.

Academic Department or Unit:  Department or unit devoted to a particular academic discipline or operational area.

Professional Department or Unit:  Department or unit devoted to providing professional services to students. This includes, but is not limited to, dining services, facilities services, student life/activities, financial aid, registrar, bursar, career services, library services, residential life, athletics, academic advisement, disability services, counseling services, health center, information technology, and safety, security and Police.

Other College Personnel: Any person with an employment relationship with the college that is not covered by the definition of professional staff. This would include all employees in the classified service pursuant to New York State Civil Service laws, rules, and regulations as well as student and graduate student employees on the state payroll.

Professional Responsibility: For the purposes of this policy only, professional staff and other college personnel shall be deemed to have professional responsibility to an undergraduate student or graduate student when that person has a job-related duty that can impact the student’s educational or professional career; specifically, where they have decision-making authority that may impact student learning, student life, or student welfare, they have professional responsibility.

In addition, a University Police Officer shall be deemed to have a professional responsibility at any time that they are on duty, or when the member is directly involved in an ongoing investigation in which the student is a target, witness, person of interest, or subject of an investigation, criminal matter, inquiry, or campus administrative action, or when the member is involved in an open case or action in which the student or other staff is either the plaintiff/complainant/defendant or potential plaintiff/complainant/defendant.

A health care professional working in a campus student health services/wellness center shall not commence a romantic relationship with a student for whom they are providing direct patient medical care. In addition, such health care provider shall not provide direct patient medical care to a student with whom they have had or are having a consensual romantic relationship (unless it is an emergency and no other health care provider is available on campus).

Professional Staff:  All persons occupying positions designated by the Chancellor as being in the unclassified service. This includes academic employees, professional employees, and management/confidential employees. See Policies of the Board of Trustees, Article II, Definitions.

Romantic Relationship:  An intimate, sexual and/or any other type of amorous encounter or relationship, whether casual or serious, short-term or long-term. Such a relationship exists in a marriage, a domestic partnership, or outside of marriage or domestic partnership between two persons who have a sexual union or who engage in a romantic partnering or courtship that may or may not have been consummated sexually.

Student:  An individual who is either an undergraduate or graduate student.

Undergraduate Student:  An individual whose primary relationship to the campus is in their role as a matriculated or non-matriculated student in an Associate or Bachelor-level program, including certificates and other traditional and non-traditional academic programs. This definition does not include employees who are taking a non-matriculated course that is not part of an academic program. Status begins at payment of deposit to enroll or equivalent and continues through completion of all academic requirements and graduation. This applies regardless of the age of the Undergraduate Student and age of the faculty or staff member.

Graduate or Professional Student: An individual whose primary relationship to the campus is in their role as an enrolled or non-matriculated student in a Masters, Doctoral, post Bachelor Certificate or Professional-level program. It also includes such individuals in the status of academically required employment, such as residency, internship, practicum, fellowship, and equivalent. Depending on employment status, this group of students may also be covered employees as professional staff or other college personnel.

Supervisory Relationship:  A relationship in which an employee has the authority to make, recommend, or impact decisions regarding hiring, termination, appointment, reappointment, promotion, assignment of duties, evaluation, or changes in compensation or benefits for another individual.

Reports and Investigation

While the primary reporting office for violations of this policy is the Office of Human Resources or Employee Relations, reports of violations of this policy may be brought to the campus Title IX Coordinator, the Director of Human Resources or Employee Relations or their designee, or the Office of the Provost.

Monitoring the status of alternative supervision is the responsibility of the Director of Human Resources or Employee Relations or designee. All documentation under this policy shall be maintained in the Office of Human Resources or Employee Relations.

Retaliation for making a report or participating in a process under this policy is prohibited. The University prohibits an individual from knowingly filing a false complaint or making misrepresentations of sexual misconduct. A complaint made in good faith is not considered false merely because the evidence does not ultimately support the allegation of sexual misconduct. If an investigation results in a finding that a person who has accused another of sexual misconduct has acted maliciously or has recklessly made false accusations, the re-porting party will be subject to appropriate sanctions. It is important to note that due process considerations may limit the ability to investigate or resolve anonymous complaints.

Discipline

Violations of this policy may result in disciplinary charges up to and including termination. Any disciplinary action shall be taken pursuant to the applicable collective bargaining agreement.

30.16.0 Tobacco Policy

Last Update:

SUNY Canton serves to protect the health, safety, and comfort of its students, employees, and visitors while fostering a respect for others and the environment. The College joins the American College Health Association in supporting the findings of the Surgeon General that tobacco use in any form, active or passive, is a significant health hazard. Moreover, SUNY Canton recognizes that environmental tobacco smoke is classified as a Group A carcinogen by the United States Environmental Protection Agency.

In 2012, designated tobacco-use areas on campus were significantly reduced and tobacco-free areas significantly increased.

Tobacco use is only allowed in the following areas:

  1. Heritage, Smith, Rushton, and Mohawk Gazebos
  2. Kennedy Hall Picnic Area

Some of the reasons for SUNY Canton’s commitment to becoming tobacco free include:

  1. Promoting respect for others and the environment
  2. Reducing the health hazards posed by exposure to second-hand smoke on campus
  3. Preparing students for increasingly tobacco-free workplaces
  4. Helping prevent desecration of the campus environment by tobacco litter
  5. Supporting campus wellness

30.16.1 Definitions

For the purposes of this policy, the following definitions apply:

Tobacco: All tobacco products and other smoking devices, including, but not limited to: cigarettes, electronic cigarettes, electronic aerosol delivery systems, nicotine-free electronic cigarettes, cigars, hookah-smoked products, clove cigarettes, bidis, kreteks, synthetic marijuana, smokeless tobacco, vape pens and snus. This definition does not include any product that has been approved by the U.S. Food and Drug Administration for sale as a tobacco-use cessation product.

College: SUNY Canton.

SUNY Canton Property: Any property owned, leased, or operated by SUNY Canton.

30.16.2 Components of the Policy

Cessation

The College will make every reasonable effort to assist those employees and students who wish to stop using tobacco. The Campus will promote evidence-based cessation resources. Students can access support at the Davis Health Center. Employees can access support through the Employee Assistance Program.

Compliance and Communication

This policy applies to all College employees, students, visitors, and vendors and is driven by respect for others and the environment. The entire campus is empowered to appropriately and civilly inform a violator of the policy and ask them to move to a designated tobacco-use area. We anticipate that most instances of violation of this policy can be remedied through education and/or informal reminders. As tobacco regulations are College policy, serious or repeat violations may subject employees to disciplinary action as contained in the appropriate articles of the union contract. Students may be subject to disciplinary action as contained in this Student Handbook.

Additionally,

  • The sale of tobacco products or tobacco-related merchandise is prohibited on College property.
  • The free distribution (sampling) of tobacco products and associated products is prohibited on the College properties.
  • Sponsorship of campus events by organizations that promote tobacco use is prohibited.
  • Advertisement of tobacco products at campus events is prohibited regardless of sponsorship.
  • Organizers of public events on campus are responsible to communicate this policy to attendees.

Policy Review

SUNY Canton will maintain a broad-based Tobacco Advisory Committee to identify and address needs and concerns related to this policy, implementation, compliance, enforcement, and cessation. The Tobacco Advisory Committee will review this policy on a regular basis to ensure that it is sustained, effective, and up to date.

30.17.0 Transportation

Last Update:

30.17.1 Registration

No student, employee or member of any organization utilizing space on the campus shall operate or park a motor vehicle of any kind or description on premises or property under the control of the College unless such motor vehicle is properly registered with the University Police Department.

Such registration shall be conditioned upon the registrant’s payment of a motor vehicle registration fee and any applicable parking fee, as approved by the Chancellor or designee.

Upon payment of a motor vehicle registration fee and any applicable parking fee at the One Hop Shop located in the Miller Campus Center, a permit shall be issued, which must be affixed to the vehicle in accordance with instructions provided. Where such registered vehicle is sold or transferred or where the owner is no longer enrolled or in the employ of the institution, or in the event of the revocation of the registration, such permit  must be removed and returned.

All honorably discharged veterans will be exempt from the parking and registration fee. These students must present Form DD214 to the Veterans Coordinator to verify that they have been honorably discharged. Students still need to register their motor vehicles and will be issued a parking permit.

A detailed set of regulations with respect to operation of and parking of automobiles on campus may be obtained from the University Police Department.

30.17.2 Enforcement

The penalty for violation of these regulations is a $15.00 fine for each infraction and a $50.00 fine for violation of a handicapped space. Upon a finding that five campus parking violations have been incurred during an academic year, the campus motor vehicle registration may be revoked with a loss of parking privileges for the balance of the academic year and may result in the vehicle being towed from the campus at the violator’s expense.

Temporary parking permits are issued at the University Police Department.

30.17.3 Accessible Parking

There are reserved parking spaces for people with disabilities available. They are clearly marked and are only for the use of individuals who have received special identification parking permits.

To obtain a person with disability permit:

  1. A severely disabled person may apply for a person with disability permit through an issuing agent. The issuing agent shall issue permits only to residents of the city, town or village in which such issuing agent is located. (You should apply for the disability permit in the city, town or village where you reside).
  2. A temporary special vehicle identification parking permit will be issued by the University Police Department to a person who is temporarily unable to ambulate without the aid of an assisting device. To obtain this special permit you must:
    1. Complete an application for a special permit (from the University Police Department).
    2. Provide certified proof from a physician that a need exists, a description of the disability, the length of time the special permit will be needed and the type of assisting device you will be using for the disability.

The temporary special vehicle permit shall be valid for not more than six months.

30.17.4 Wheeled-Vehicle Policy

SUNY Canton recognizes that the following forms of transportation (Including but not limited to: bicycles, skateboards, electric skateboards, E-bikes, scooters, E-scooters, roller blades, hoverboard/hoverboard type vehicles) and other low impact forms of wheeled transportation are legitimate methods of both exercise and transportation. However, some people choose to utilize these items in other than a conventional manner, thereby creating a physical danger to themselves and others as well as a hazard to property. To continue to provide for the open use of college property for these modes of transportation, the following guidelines are adopted.

No wheeled vehicles used for personal transportation are to be within any campus building, except youth strollers and those that assist disabled persons in navigating campus.

Bicycles, E-bicycles, scooters, and E-scooters when not in use, must be securely locked to approved bicycle racks. Items secured to trees, poles, stairways, railings, handrails, and guard rails or block wheelchair ramps, pedestrian egress, creates a safety hazard or appears to have been abandoned, may be impounded by University Police.

Skateboarders, rollerbladers, and hoverboarders using sidewalks will do so safely and will yield the right of way to pedestrians. They must travel at a safe speed and may not do any of the following activities: jumping, riding over steps and/or curbs, riding on walls and railings.

Skateboarders and rollerbladers, using campus roadways will travel at a safe speed, in the right lane of traffic only, as close to the righthand curb as is feasible.

Motorized vehicles (Including but not limited to: E-scooters, E-bicycles or (bicycle with electric assist), mopeds, motorcycles) should not be operated on sidewalks or parked in any manner to block or impede pedestrian egress, emergency exits, or handicap access feature to any campus building. Motorized vehicle will travel at a safe speed and yield to pedestrians.

Owners must be present during all charging of hoverboards, E skateboards, E-bicycles, E-scooters and follow the operations manual for proper charging, storage, repair and maintenance.

From New York State Department of Motor Vehicles:

Electric scooters and bicycles and other unregistered vehicles

Operating an electric scooter or bicycle with electric assist

Effective April 2020 - the law allows people to operate bicycles with electric assist (e-bikes) on some streets and highways in New York State.

Effective August 2, 2020 - the law allows people to operate electric scooters (e-scooters) and bicycles with electric assist (e-bikes) on some streets and highways in New York State.

Electric scooter - a type of device with handlebars, a floorboard or a seat, and an electric motor that can be powered by the electric motor and/or human power.

Bicycle with electric assist - multiple classes of bicycle with an electric motor and operable pedals. A bicycle with electric assist doesn’t qualify for a registration as a motorcycle, limited use motorcycle, moped or ATV and doesn’t have the same equipment.

You can operate an electric scooter or bicycle with electric assist on some streets and highways in New York State:

You can operate these devices on highways with a posted speed limit of 30 MPH or less.

Municipalities can further regulate the time, place and manner of operation of these devices.

You cannot operate these devices on a sidewalk except as authorized by local law or ordinance.

Note: An electric scooter or bicycle with electric assist cannot be registered but still may be operated on some streets and highways in New York State.

  1. Electric scooter. Every device weighing less than one hundred pounds that
    1. has handlebars, a floorboard or a seat that can be stood or sat upon by the operator, and an electric motor,
    2. can be powered by the electric motor and/or human power, and
    3. has a maximum speed of no more than twenty miles per hour on a paved level surface when powered solely by the electric motor.
      Note: It is illegal to operate an electric scooter (as defined in §114-e of NYS VTL) in excess of fifteen miles per hour.
  2. Bicycle with electric assist. A bicycle which is no more than thirty-six inches wide and has an electric motor of less than seven hundred fifty watts, equipped with operable pedals, meeting the equipment and manufacturing requirements for bicycles adopted by the Consumer Product Safety Commission under 16 C.F.R. Part 1512.1 et seq. and meeting the requirements of one of the following three classes:
    1. "Class one bicycle with electric assist." A bicycle with electric assist having an electric motor that provides assistance only when the person operating such bicycle is pedaling, and that ceases to provide assistance when such bicycle reaches a speed of twenty miles per hour.
    2. "Class two bicycle with electric assist." A bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty miles per hour.
    3. "Class three bicycle with electric assist." Solely within a city having a population of one million or more, a bicycle with electric assist having an electric motor that may be used exclusively to propel such bicycle, and that is not capable of providing assistance when such bicycle reaches a speed of twenty-five miles per hour.

30.18 Weapon Registration

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The following is the procedure for registering a firearm. All students and employees must comply with these procedures or face possible criminal action and/or disciplinary action by the College. Before the firearm is brought to the campus, the individual must supply the University Police Department with the following information about the firearm to be registered: make, serial number, caliber or gauge. If pre-registration is not possible, the firearm and ammunition must be taken directly to the University Police Department upon the individual’s arrival on campus. Ammunition must be stored with the firearm at the University Police Department. No firearm will be stored in or issued from the University Police Department without a locking device attached to the trigger mechanism. No rifle, shotgun, firearm, or other weapon will be allowed to be possessed on campus except for the purpose of transporting said firearm directly to and from the University Police Department. Any deviation from this procedure may result in arrest and/or administrative and disciplinary action by the College pursuant to the New York State Penal Law 265.01-a, which reads, “He or she knowingly has in his or her possession a rifle, shotgun or firearm in or upon a building or the grounds used for educational purposes of any school, college or university without the written authorization of such educational institution is guilty of a Class E Felony.”

SECTION 40: ADMINISTRATION

40.2.0 Campus Crime Reporting and Statistics

SUNY Canton’s crime statistics filed with the United States Department of Education can be located in the Jeanne Clery Act. The Advisory Committee on Campus Security will provide upon request all campus crime statistics as reported to the United States Department of Education. You can obtain a copy of these statistics by contacting the University Police Department at 315-386-7777. You can also access the data on the The United States Department of Education website.

40.3.0 Children on Campus

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Policy

The State University of New York is committed to protecting the safety and well-being of children who participate in University-related programs and activities, whether on or off campus, or utilize campus facilities for activities including, but not limited to, sports camps, academic and personal enrichment programs, and research studies.

Definitions

Covered Activity:  A program or activity sponsored or approved by the University or a University-affiliated organization, or an activity conducted by a vendor, licensee or permittee for which a license or permit for use of University facilities has been approved, occurring on or off campus, for the duration of which the responsibility for custody, control and supervision or children is vested in the University, University-affiliated organization or the vendor, licensee, or permittee so approved.  This policy is not applicable to university on-campus child care centers.

Covered Person:  A person who is responsible for the custody, control, or supervision of children participating in the Covered Activity and who is:

  1. An employee of the University or University-affiliated organization;
  2. A University student;
  3. A volunteer of the University or University-affiliated organization; or
  4. A vendor, Licensee, permittee, or other person, who is given permission to come onto campus or to use University facilities for Covered Activities; or
  5. An employee, agent, or volunteer of (iv) above.

Child: An individual under the age of seventeen years, who is participating in a Covered Activity.  The term “child” shall not include a matriculated student of the University or a person accepted for matriculation. For purposes of this policy, “matriculation” means accepted by the University as a student into a college course that is listed in the college catalog.

Children’s Camp:  A camp defined under the New York Public Health Law §1392.

Physical Abuse:  Physical contact with a child by a covered person which is intended to cause, or causes, pain or physical injury, including punching, beating, shaking, throwing, kicking, biting and burning, or directing a child, outside the norm of the supervised activity, to perform physical activity which is intended to cause physical injury.

Sexual Abuse: Engaging in a sexual offense with a child and/or encouraging or promoting sexual performance by a child.  Pursuant to the NYS Penal Law Articles 130, 263, and Sections 260.10 and 260.25, sexual offenses include: sexual misconduct, rape, criminal sex acts, forcible touching, persistent sexual abuse, sexual abuse, aggravated sexual abuse, course of sexual conduct against a child, facilitating a sex offense with a controlled substance, sexually motivated felony, predatory sexual assault against a child, and sexual performance by a child. This also includes Penal Law offenses relating to children including endangering the welfare of a child and unlawfully dealing with a child in the first degree.  Sexual performance by a child, as defined by the Penal Law, is any behavior which results in touching of the sexual or other intimate parts of a child for the purpose of sexual gratification of the child and/or adult, including touching by the child and/or adult with or without clothing, and all acts as defined by New York State Penal Law Articles 130, 263, and Section 260.10.

Responsible University Official:  The employee of the University or University-affiliated organization, who has been designated by the Campus under Section G, Campus Responsibilities. 

University-affiliated organization:  The Research Foundation for the State University of New York, College Foundation, Alumni Association, College Association, or any other entity so designated by the Chancellor or Campus President.

Prohibited Conduct

A Covered Person shall not:

  1. Be alone with a child, unless the Covered Person is a relative or guardian of the child, unless one-on-one contact is approved in accordance with a determination pursuant to Section G.2 of this policy. In no event shall a Covered Person, who is not a relative or guardian of a child, be alone with the child in a rest room, locker room, shower, sleeping area, or vehicle. 
  2. Engage in physical abuse or sexual abuse of a child.
  3. Engage in the use of alcohol or illegal drugs, or be under the influence of alcohol or illegal drugs during Covered Activities.
  4. Enable, facilitate, or fail to address a child’s use of alcohol or illegal/non-prescribed drugs.
  5. Contact a child through electronic media, including social media, for the purpose of engaging in any prohibited conduct, including sexual conduct.
  6. Offer or make a gift to a child for the purpose of engaging in any prohibited conduct, including sexual conduct.
  7. Release a child from a Covered Activity without a written authorization from the child’s parent or guardian.

Required Conduct

A Covered Person shall:

  1. Take all reasonable measures to prevent physical and sexual abuse of a child, including immediately removing a child from potential physical abuse, sexual abuse, or prohibited conduct as defined herein.
  2. Report immediately any suspected physical abuse or sexual abuse of a child to the campus University Police Department, and provide to the campus University Police Department a written report of suspected physical or sexual abuse of a child. Other reporting requirements not addressed in this Policy may apply, such as the obligations of mandated reporters under New York Social Services Law, who are required to report suspected child abuse or maltreatment when they are presented with a reason-able cause to suspect such abuse or maltreatment has occurred.
  3. Comply with the University’s Policy on Mandatory Reporting and Prevention of Child Sexual Abuse, Document No. 6504 available on the University-Wide Policies and Procedures webpage.
  4. Complete all required training required for Covered Persons (i)-(iii) developed pursuant to this Policy.
  5. Wear and display prominently at all times during the Covered Activity a lanyard or other form of identification that identifies the individual as having the responsibilities of a Covered Person.

Responsible University Official

A Responsible University Official shall:

  1. Confirm that the requirements of this Policy have been communicated to Covered Persons (i)-(iii) prior to the commencement of a Covered Activity.
  2. Confirm that New York Sex Offender Registry and National Sex Offender Public Registry searches (as described in Campus Responsibilities, below) have been obtained and reviewed for Covered Persons (i)-(iii) prior to the commencement of a Covered Activity.
  3. Confirm that the completed Acknowledgement of the University’s Child Protection form (available in Exhibit D of this policy) has been obtained from Covered Persons (iv)-(v) prior to the commencement of a Covered Activity.
  4. Immediately report allegations of physical abuse or sexual abuse of a child to the campus University Police Department, and complete and provide to the campus University Police Department a written report for each allegation of physical abuse or sexual abuse of a child. Other reporting requirements not addressed in this Policy may apply, such as the obligations of mandated reporters under New York Social Services Law, who are required to report suspected child abuse or maltreatment when they are presented with a reasonable cause to suspect such abuse or maltreatment has occurred.
  5. Notify and coordinate with appropriate campus offices to ensure that allegations of suspected physical abuse or sexual abuse are investigated and addressed appropriately.
  6. Confirm that required training on this Policy has occurred prior to the commencement of a Covered Activity for all Covered Persons who are employees, volunteers, students or agents of the State University or a University-affiliated organization.
  7. Confirm that the University has provided Covered Persons (i)-(iii) with identification that identifies the individual as having the responsibilities of a Covered Person.

Campus Responsibilities

Each campus, System Administration, and University-affiliated organization shall develop procedures to:

  1. Designate a Responsible University Official for each Covered Activity.
  2. Determine on a limited basis that the first sentence of section D.1 of this Policy, which prohibits a Covered Person from being alone with a child, shall not apply to certain Covered Activities when the pedagogical or health-related nature of a Covered Activity requires such one-on-one contact with a child. Examples may include tutoring, music lessons, speech therapy, and medical, dental, or optical services.
  3. Communicate the requirements of this Policy to Covered Persons (i)-(v).
  4. Provide for and require training on this policy for all Covered Persons (i)-(iii) prior to the commencement of a Covered Activity.
  5. Obtain New York Sex Offender Registry and National Sex Offender Public Registry searches for Covered Persons (i)-(iii) and complete a review of such searches not more than ninety (90) days prior to the commencement of a Covered Activity.
  6. A search of the NY Sex Offender Registry means:
  7. A search of the file of persons required to register pursuant to Article 6-C of the Correction Law maintained by the NY Division of Criminal Justice Services, (DCJS) pursuant to NY Correction Law §168-b for every level of sex offender (Level 1 through Level 3), which requires an email, CD or hard copy of submission of names and identifiers to DCJS as described on the DCJS website; and
  8. Retention of the records of the results of such search. Note that an internet search alone will not meet the requirements of this Policy.
  9. A search of the National Sex Offender Public Registry means:
  10. A search by first and last name of the National Sex Offender Public Website maintained by the United States Department of Justice; and
  11. Retention of the records of the results of such search.
  12. Provide for the prompt investigation and preparation of written findings by the campus University Police Department of records of suspected physical abuse or sexual abuse, and if there is reasonable cause to believe a crime has been committed, coordination by the campus University Police Department with other law enforcement officials.
  13. Provide a mechanism to report and respond to allegations of retaliation (as described below).
  14. Retain documentation of the search results from the New York and National Sex Offender registries for Covered Persons who are employees, volunteers, students, or agents of the University of a University-affiliated organization for six (6) years after the covered person has separated from the University.
  15. Provide identification for Covered Persons (i)-(iii) that identifies the individual as having the responsibilities of a Covered Person.

Retaliation

Retaliatory action against anyone acting in good faith, who has reported alleged physical abuse or sexual abuse in accordance with this Policy, or who has been involved in investigating or responding to allegations of physical or sexual abuse, or who has reported a failure to comply with this Policy, is a violation of this Policy. Retaliatory acts may include, but are not limited to:

  • Employment actions affecting salary, promotion, job duties, work schedules, and/or work location;
  • Actions negatively impacting a student’s academic record or progress; and
  • Any action affecting the campus environment, including harassment and intimidation.

Third Party Use of University Facilities

The use of University facilities by vendors, licensees, or permittees for commercial and non-commercial Covered Activities shall be accomplished pursuant to a revocable permit. The following minimum terms shall be included in all such revocable permits:

  1. A specific definition of the areas accessible to the Covered Activity. For example, revocable permits for sporting events held on athletic fields should include the athletic field, as well as any ancillary areas or structures where minors will be permitted, such as adjacent grounds, parking lots, rest rooms, locker rooms, accessory structures, etc.
  2. A provision requiring insurance coverage in the types and amounts listed below, naming the University as an additional insured, and requiring that evidence of such insurance be provided to the University within five (5) business days of execution of the revocable permit or at minimum two weeks (14 days) prior to the scheduled use of University facilities.
  3. General liability insurance two million dollars ($2,000,000) each claim and two million dollars ($2,000,000) in the aggregate;
  4. New York State Workers’ Compensation insurance and New York State Disability Benefits insurance during the term of the revocable permit for the benefit of permitted employees required to be covered under the NYS Worker’s Compensation Law and the New York State Disability Benefits law.
  5. For those instances in which a campus believes that the activity is so long or substantial and that the obtaining of such insurance will not unduly preclude beneficial use of the campus’ facilities, the campus should require additional insurance in the form of: Sexual Abuse and Molestation insurance, either under the above-described general liability policy or in a separate policy, with coverage not less than one million dollars ($1,000,000).  Any insurance coverage for sexual abuse and molestation insurance written on a claims-made basis shall remain in effect for a minimum of six (6) months following the use of University facilities.
  6. If the Covered Activity is a Children’s Camp as defined in Section C of this policy, a provision requiring permittee to provide the University with a copy of its camp operator permit issued by the New York State Commissioner of Health, either upon execution of the permit or not later than two weeks (14 days) before the use of University facilities.
  7. A representation and warranty from permittee that for all of its employees and volunteers, and employees and volunteers of its sub-permittees, who shall enter upon University facilities for purposes related to Covered Activity, permittee has conducted within the ninety (90) day period preceding the use of University facilities (i) a search of the NY Sex Offender Registry; and (ii) a search of the National Sex Offender Public website.
  8. A representation and warranty from permittee that for all Covered Activities: (i) it shall adhere to the American Camp Association standards for minimum staff-to-child supervision ratios, minimum staff age and minimum staff accreditation requirements; and (ii) that the overall supervisor for each Covered Activity is an adult with certification or documented training and experience in the Covered Activity.
  9. A representation and warranty from permittee that any transportation it provides for participating minors to and from the University grounds shall conform to the American Camp Association’s transportation standards.
  10. A provision requiring written acknowledgement from permittee that it has received a copy of the University’s Child Protection Policy and agrees to abide by all of its terms, including its requirement that any suspected physical or sexual abuse be immediately reported to the campus University Police Department.

Campus Policies and Procedures

A campus may promulgate policies and procedures that supplement, and are no less stringent than, the policies and procedures set forth herein.

Definitions

All definitions relevant to this policy can be found in the Policy section of this document, under Definitions section.

 

40.4.0 Communication

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40.4.1 Official Mode

The official method by which SUNY Canton communicates with its students will be the campus e-mail system. Each student will be issued a campus e-mail address to be utilized by the College throughout the duration of their enrollment at SUNY Canton as the official mode of communication with the student. It is each student’s responsibility to check their e-mail on a regular and timely basis.

40.2.0 Campus Crime Reporting and Statistics

Last Update:

SUNY Canton’s crime statistics filed with the United States Department of Education can be located in the following link: Jeanne Clery Act. The Advisory Committee on Campus Security will provide upon request all campus crime statistics as reported to the United States Department of Education. You can obtain a copy of these statistics by contacting the University Police Department at 315-386-7777. You can also access the data on the The United States Department of Education website.

40.4.2 Emergency Notifications

Timely Warnings and Emergency Notifications

What warrants a “timely warning” or “emergency notification”?

Timely Warnings shall be issued whenever a Clery Crime that is considered to represent a serious or continuing threat to students and employees is reported to University Police or a local police agency and has occurred within the University’s Clery Geography. Whenever a timely warning is sent, it may be sent to the entire Campus Community or to the relevant population if technology allows.

Emergency Notifications shall be issued when a significant emergency or dangerous situation involving an immediate threat to the health or safety of students or employees occurs on the campus. As appropriate, emergency notifications may be targeted at only a segment or segments of the campus community that is at risk. Emergency notifications will be issued without delay unless doing so would compromise efforts to assist a victim or to contain, respond to, or otherwise mitigate the emergency.

Who Decides?

The Vice President for Student Affairs/Dean of Students, or a designee of The Vice President for Student Affairs/Dean of Students, in conjunction with the Chief of University Police and/or other campus and non-campus officials as appropriate, shall confirm the existence of a situation that may warrant a warning or notification and determine if a timely warning or emergency notification is warranted and the extent of the notification as appropriate. In addition to criminal incidents, emergency notifications may be issued in situations such as, but not limited to:

  1. Safety-Related Issues:
    1. An incident that occurs ON any of our campuses that affects the personal safety and security of our population.
    2. An incident that occurs in close proximity to the campus that may potentially affect the personal safety and security of our student, faculty and staff population.
    3. Health-Related Issues:
      1. A member of our population is diagnosed with a serious or life-threatening communicable/infectious disease.
      2. Evidence of bio terrorism.

The only reason an immediate notification for a confirmed emergency or dangerous situation would not be issued is if doing so will compromise efforts to: assist a victim, contain the emergency, respond to the emergency, or otherwise mitigate the emergency.

How will a Timely Warning or an Emergency Notification be Communicated?

For Safety-Related Issues:

The means of communication will be chosen by the Vice President for Student Affairs/Dean of Students or the designee based upon the nature of the incident. Possible means of communication are:

  • E-mail to all students and/or faculty/staff
  • Postings in campus center and residence halls as applicable to the incident. Postings can be emailed to various offices as needed
  • Delivery of hard-copy notification to all residential rooms and suites as needed
  • Posting of notification on University Police Department website
  • SUNY Canton RAVE Alert in the case of a critical campus-wide emergency

For Health-Related Issues:

The means of communication will be chosen by the Vice President for Student Affairs/Dean of Students or the designee based upon the nature of the incident. Possible means of communication are:

  • Email to all students
  • Letters to parents (extremely minimal) most likely done in cases of measles, mumps, or rubella. Viral Meningitis would be communicated to the parents whose students are directly affected.
  • Email to faculty and staff, if appropriate
  • Posting of notification on the College website

40.5.0 Computer & Network Use Policy

Last Update:

Access to modern information technology is essential to the SUNY Canton mission with of providing the students, faculty, and staff of the College with educational services of the highest quality. The pursuit and achievement of the SUNY Canton mission of education, research, and public service require that the privilege of the use of computing systems and software, internal and external data networks, as well as access to the internet, be made available to all members of the SUNY Canton community. The preservation of that privilege for the full community requires that each faculty member, staff member, student, and other authorized users comply with institutional and external standards for appropriate use.

This policy applies to all SUNY Canton computing and network resources, including host computer systems, SUNY Canton sponsored computers and workstations, software, data sets, and communications networks controlled, administered or accessed directly or indirectly by SUNY Canton computer resources or services, employees, students and other authorized users.


Violators of this policy will be subject to the existing student or employee disciplinary procedures of SUNY Canton. Sanctions may include the loss of computing privileges. Illegal acts involving SUNY Canton computing resources may also subject users to prosecution by state and federal authorities.


E-mail accounts are provided to currently registered students and are used for all official college-related communication.


Information Technology Policies, Procedures, and Resources can be found at: Policies and Procedures and IT Resources.

40.6.0 Consumer Complaint Procedure

Last Update:

40.6.1 Local Procedures

Any person who believes they have been aggrieved by the College may file a complaint with the Vice President for Student Affairs/Dean of Students within ninety (90) days of the alleged occurrence or event giving rise to the grievance. Complaints may be made in person, by telephone or in writing. The complainant will be asked to discuss their problem with a responsible College representative, one who may best be able to resolve the concern(s). Students are also reminded of specific procedures for filing academic complaints or allegations of sexual harassment found in section 20.2.

In response to a written complaint, the College shall investigate the allegations and respond to the grievant in a timely manner. The College may contact the grievant for further information or clarification of the complaint should the need arise. The complaint may be referred to a responsible campus official for resolution. Any final determination of a formal complaint will be made by an individual not directly involved in the alleged problem.

No adverse action will be taken by the College against the student or other complainant.

The College will retain a written record of the complaint and its resolution or disposition, including appropriate documentation, for a period of six years. Such file shall be retained by the Office of the Vice President for Student Affairs/Dean of Students.

A grievant who so wishes may file a formal written complaint with the State Education Department in accordance with their guidelines. Guidelines are found within the College Catalog and in section 40.6.3 of this Handbook. An official complaint form and guidelines are available in the Office of the Vice President for Student Affairs/Dean of Students.

40.6.2 State Education Department Procedures

Section 494C(j) of the Higher Education Act of 1965, as amended, provides that a student, faculty member or any other person who believes they have been aggrieved by an institution of higher education has the right to file a written complaint.

In New York State, a complaint may be filed by any person with reason to believe that an institution has acted contrary to its published standards or that conditions at the institution appear to jeopardize the quality of the institution’s instructional programs or the general welfare of its students. Any person who believes they have been aggrieved by an institution may file a written complaint with the Department within five years of the alleged incident.

40.6.3 How to File a Complaint

For all types of complaints concerning colleges and universities in New York State, the first course of action must be to try to resolve the complaint directly with the administration of the college or university involved. The Office of College and University Evaluation will not review a complaint until all grievance procedures at the institution have been followed and all avenues of appeal exhausted and documentation provided that such procedures have been exhausted. Please note: every New York State college and university is required to establish, publish, and enforce explicit policies related to redress of grievances.

Please do not send a complaint to the Office of College and University Evaluation until you have read all of the information below. This will assure that you are sending your complaint to the appropriate agency/office.

The Office of College and University Evaluation handles only those complaints that concern educational programs or practices of degree-granting institutions subject to the Regulations of the Commissioner of Education, with the exceptions noted below.

  • The Office does not handle anonymous complaints.
  • The Office of College and University Evaluation does not intervene in matters concerning an individual’s grades or examination results, as these are the prerogative of the college’s faculty.
  • The Office does not handle complaints concerning actions that occurred more than five years ago.
  • The Office does not intervene in matters that are or have been in litigation.
  • Complaints concerning programs in fields leading to professional licensure (e.g., nursing) should be directed to:

Office of the Professions
Professional Educ. Program Review
Education Building, 2 West
 Albany, NY 12234

  • A complaint against a college in the State University system should be sent to:

State University of New York
Central Administration
State University Plaza
Albany, NY 12246

  • A complaint involving discrimination against enrolled students on the part of an institution or faculty, or involving sexual harassment, should be filed with the U.S. Office for Civil Rights:

Office for Civil Rights - New York State
U.S. Department of Education
32 Old Slip, 26th Floor
New York, NY  10005-2500
Telephone:  646-428-3900
Fax: 646-428-3843; TDD: 877-521-2172
OCR.NewYork@ed.gov

  • A complaint of consumer fraud on the part of the institution should be directed to: the Office of the New York State Attorney General:

Office of the New York State Attorney General
Justice Building
Empire State Plaza
Albany, NY 12223

  • The Office of College and University Evaluation does not intervene in matters concerning an individual’s grades or examination results, as these are the prerogative of the college’s faculty.
  • The Office does not handle complaints concerning actions that occurred more than five years ago.
  • The Office does not intervene in matters that are or have been in litigation.
  • For a complaint about state student financial aid matters, contact the Higher Education Services Corporation (HESC) Customer Communications Center at 1-888-NYS-HESC.

Complainants should be aware that the Office of College and University Evaluation does not conduct a judicial investigation and has no legal authority to require a college or university to comply with a complainant’s request.

If your complaint does not fall into one of the exceptions noted above, you may complete a complaint form or contact the Office of College and University Evaluation:

Office of College and University Evaluation
New York State Education Department
Education Building, 5 North Mezzanine
89 Washington Avenue
Albany, New York 12234  

Official complaint forms and guidelines are also available in the Office of the Vice President for Student Affairs/Dean of Students.

40.6.4 Complaint Resolution

Some complaints may fall within the jurisdiction of an agency or organization other than the State Education Department. These complaints will be referred to the entity with appropriate jurisdiction. When a complaint concerns a matter that falls solely within the jurisdiction of the institution of higher education, the complainant will be notified and the department will refer the complainant to the institution in question and request that the matter receive a review and response.

Upon conclusion of the Department’s complaint review or upon a disposition of the complaint by referral to another agency or organization, or to the institution of higher education, the Department will issue a written notice to the complainant describing the resolution of the complaint. The complainant may contact the Department evaluator directly for follow-up information or for additional assistance.

40.7.0 Electronic Surveillance

Last Update:

SUNY Canton utilizes electronic surveillance to enhance crime prevention, assist in law enforcement and enhance campus security and personal safety. SUNY Canton respects the privacy of the campus community members. Cameras are not a guarantee of safety, but a tool that assists University Police. Cameras may help to protect campus community members from dangers by serving as a deterrent and expediting investigations. Cameras are not monitored continuously by University Police or professional staff. Any person who tampers with or destroys a video surveillance camera, or any part of the video surveillance system may be prosecuted in the criminal justice system or referred to Human Resources or Student Conduct for action.

40.8.0 Family Educational Rights and Privacy Act Of 1974 (FERPA)

The Family Educational Rights and Privacy Act permits current or former students to inspect and review their education records.  Students wishing to review their records should complete the request form available in the Registrar’s Office identifying the record(s) they want to inspect. The Registrar will make arrangements for access within 45 days of the request and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar, the student will be advised to whom the request should be addressed.

Students are also accorded a right to challenge the contents of their educational records to insure that the records are not inaccurate, misleading or in violation of rights to privacy or other rights. In order to request the College to amend a record that they believes is inaccurate or misleading, a student should complete the request form available in the Registrar’s Office, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

The Act also provides the right to withhold the release of personal information except as provided by law and College policy. SUNY Canton may disclose those items designated as directory information from a student’s education record unless directed otherwise by the student in writing. SUNY Canton has designated directory information to include: student’s full name, local address and telephone number, campus e-mail address, home address and home telephone number, date of birth, major field of study, dates of attendance, degrees and awards received, date(s) of graduation, participation in officially recognized sports and activities, and the most recent previous educational institution attended.

Students have the right to restrict the disclosure of the items designated as directory information. If students exercise this right, such information will not be released without their written consent except as provided by law and College policy. Non-directory information such as grades, GPA and student ID number are not released for any student, except directly to the student, without express written consent. Students wishing to restrict the release of the items identified as directory information must notify the Office of the Registrar in writing by the first Friday of the academic term in which the information is not to be disclosed. Such restriction will remain in effect unless rescinded in writing by the student. Students should be aware that restricting the release of directory information will prevent the College from providing enrollment and graduation information to prospective employers, insurance companies, and lenders without written authorization. It will also prevent inclusion in any news releases of the Deans’ List or other honors, as well as graduation lists for publication.

An exception permitting disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic, research or support staff position (including law enforcement unit and personal health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or college agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

A student may choose to waive their FERPA rights and allow academic information to be shared with persons of their choice by assigning a proxy(ies) in UCanWeb. This allows SUNY Canton to share academic information from the student’s educational records with the person(s) the student assigns as a proxy. The proxy must provide the student’s SUNY Canton ID and the correct password. This access is available through UCanWeb under the miscellaneous Student Requirements tab.

Inquiries or complaints may be filed with:

Family Educational Rights and Privacy Act Office
Department of Health, Education and Welfare,
400 Maryland Avenue,
S.W., Washington, D.C. 20202-4605.

Copies of the Family Educational Rights and Privacy Act are available at:

Office of Student Affairs
Miller Campus Center 229

and

Office of the Registrar
Miller Campus Center 012

40.9.0 Identification Card

Last Update:

Your SUNY Canton Identification (ID) card is your official identification as a SUNY Canton student. You will use your card to access your meal plan, ROO Express, Campus Cash, and residence hall. You will also use it to access the library, student activities, and fitness center. The card must be surrendered upon request of any member of the College Staff. The ID is not to be loaned or used by anyone other than the proper owner. Lost cards should be reported on the GET MOBILE app. Replacement cards can be purchased at “The Window” at the Student Mailroom or by calling (315)386-7506. Stolen cards should be reported to University Police. For more information visit the College Association ID Card webpage.

40.9.1 Identification Card Replacement Charge

An original identification card is provided at no charge. A $20 replacement fee will be charged for all lost or damaged ID cards.

40.11.0 Loitering

Last Update:

New York State Penal Law 240.35 (5) Loitering. A person is guilty of loitering when he or she: Loiters or remains in or about school grounds, a college or university building or grounds, not having any reason or relationship involving custody of or responsibility for a pupil or student, or any other specific, legitimate reason for being there, and not having written permission from anyone authorized to grant the same. Loitering is a violation.

40.13.0 Safety Committee

Last Update:

For more specific information regarding the Campus Safety Committee, please refer to the Safety Committee webpage at https://www.canton.edu/safety/ or contact Derek L. Converse, Campus Safety Committee Chair, Environmental Health & Safety Coordinator Manager, at conversed@canton.edu or 315-386-7631.

SECTION 50: FINANCIAL AID

50.1.0 Costs 2024-2025

Last Update:

Definitions: 

Comprehensive Student Fee: The Comprehensive Student Fee is charged to all degree students and consists of the following fees:

College Fee (mandatory) — required by all State-operated campuses (also non-degree)

Athletic Fee (mandatory) — supports all intercollegiate athletic programs

Health Fee (mandatory) — supports the campus health center.  Students can use the health center for minor illnesses/injuries with no additional charge

Technology Fee (mandatory) — supports the campus technology infrastructure and continued improvement of computer systems, classroom technology, wireless connections and technical help (also non-degree)

Student Activity Fee (mandatory) — supports a wide range of activities that take place on campus for educational and entertainment purposes

Transcript Fee (mandatory) - Covers cost of all transcript requests for the student now and in the future

Alumni Fee (optional)— supports the College Alumni Association.  Alumni services include: scholarships, gatherings, alumni weekend and the alumni newsletter (instructions for waiver of the fee can be found on the College billing instructions)

Fitness Fee (optional)— provides unlimited use of the campus recreational facilities   (instructions for waiver of the fee can be found on the College billing instructions)

Commencement Fee (optional) -  covers the cost of the diplomas, program expenses, mailing fees, and other expenses associated with graduation regardless of whether the student intends to participate in the commencement ceremony.

50.1.1 Full-Time Student Costs

To see the current academic year student costs, please see the Financial Aid, Tuition and Fees webpage.

50.1.2 Part-Time Student Costs (Up to 11 1/2 Credit Hours)

To see the current academic year student costs, please see the Financial Aid, Tuition and Fees webpage.

50.1.3 Late Payment Fee

Should a student fail to process their bill by the bill due date, a $40.00 late payment fee will be assessed.

50.1.4 Returned Check Charge

A service charge will be levied not to exceed the face value of the dishonored check or $20.00, whichever is less, for each check returned unpaid by the bank against which it is drawn.

50.1.5 Bill Payment

A student’s bill is required to be processed by the bill due date which is shown on the tuition bill. Payment arrangements made after these dates will be subject to a $40 late payment fee and loss of prescheduled classes. If a student wishes to request a hardship deferment for payment, they need to make arrangements with the Student Service Center BEFORE the bill due date. All deferments must be paid in full by the end of the semester for which it was made. Students not meeting the terms of their deferment may be subject to penalty during the semester. Penalties include a hold being placed on a student's account and the subsequent withholding of enrollment, grades, diplomas, class selection, and possible suspension. Balances remaining at the end of the semester are subject to referral to the New York State Attorney General or a collection agency.

Financial Aid Refunds

Refunds for those students who have a credit on their account will begin with the fourth week after school begins. SUNY Canton delivers your refund with BankMobile Disbursements, a technology solution, powered by BMTX, Inc. Visit this link for more information: https://disbursements.bmtx.com/refundchoices/.

50.1.6 Domestic Health Insurance

SUNY Canton has a mandatory health insurance requirement. All full-time students are automatically enrolled in the insurance program available through the College. If the student is already covered by another plan, the student may waive the health insurance fee by logging into their UCanWeb account and clicking on the waiver link. The student must provide proof of other coverage by filling in the waiver form with their other coverage information – insurance carrier, plan number, etc. Once the waiver is approved, the health insurance fee will be credited on the student’s account. The student must waive coverage every semester they are enrolled as a full-time student. If the health insurance is waived for the fall semester and the student enrolls full-time for the spring semester, they must log in and waive coverage for the spring.

Part-time students may also purchase the student insurance, but it must be added to their College bill separately.  Part-time students who want the health insurance coverage must put in writing their request for coverage. The insurance fee will be assessed on their bill and they must pay the insurance fee in full before coverage can be activated. Part-time students must follow this process each semester. The coverage periods are separate for the fall and spring terms.  Fall coverage runs from August 15th through January 14th.  Spring coverage runs from January 15th through August 14th.

International students attending the State University of New York are required to purchase the International Student Insurance.  The plan utilizes the Health Center as the primary care provider, meaning that students are to use the Health Center first whenever possible to avoid large deductible charges.

50.1.7 RSVP to Commencement Late Fee

After the RSVP to Commencement deadline deadline (date listed each year on the academic calendar), a late fee of $20 will be imposed on students wishing to attend the Commencement ceremony.  Please note:  This late fee is only for students wishing to participate in the Commencement ceremony and who have missed the Apply to Graduate deadline.  This does not apply to students only receiving their diploma.

50.2.0 Financial Aid: Academic Eligibility

Last Update:

50.2.1 Satisfactory Progress

50.2.1.1 Federal Aid
(Federal Stafford Loans, Parent Loans, Work-Study, Pell Grant, Seog Grants)

Students receiving financial aid are required to maintain minimum program pursuit and academic progress standards in order to continue to receive assistance. Use the chart below for your degree program to determine your minimum requirements. (Transfer credits will be considered to determine placement on the chart)

Status ATTEMPTED CREDITS/REQUIRED GPA
Credits 1-23 24-35 36-47 48-59 60-71 72+
Minimum GPA Requirement 1.25 1.5 1.75 2.0 2.0 2.0
% of Attempted Credits Successfully Completed 50% 50% 66.7% 66.7% 66.7% 66.7%

Additionally, students are required to complete their degree with 150% of a normal timeframe. Attempted hours will vary with required program lengths, see examples below.

Example 1: For a 60 credit-hour, degree program, you must complete it with 90 attempted hours. (90 attempted Credit Hours/60 Passed Credit Hours = 150%)

Example 2: The Nursing Associate Degree requires 65 credit hours. 65 Passed Credit Hours x 1.5 (150%) = 98 credit hours may be attempted.

Total attempted credit hours for this purpose include withdrawn courses and transfer credits. Total attempted hours will be used regardless of any program changes that have occurred (switching majors, etc.). Grades of “W” count towards total attempted hours. Repeated courses that were previously passed count only once. Remedial courses that are not credit-bearing do count in the total attempted hours but not in total earned hours.

Courses enrolled in each semester must be applicable to the students’ current degree program.

Failure to Meet Minimum Standards (Please be aware that these are not the same as Academic Recovery & Suspensions given out by the Dean’s Offices.)

Step 1 – Financial Aid Warning

A student who does not meet the required minimum standards will automatically be given a one-time warning semester. This gives the student an opportunity to correct any deficiencies without losing federal aid eligibility. If a student withdraws from college, they have not met academic progress requirements.

Step 2 – Financial Aid Termination

A student who fails a second time to meet the minimum standards will lose all federal aid eligibility. Eligibility can only be regained once they are again meeting the minimum standards.

Note: If ALL courses taken while on warning are successfully passed with a 2.0 or better, you can continue on warning.

50.2.1.2 Waiver Requests

If failure to meet standards is due to extenuating circumstances beyond a student’s control, they may apply for a one-time waiver. All waiver applications must include documentation that shows the extenuating circumstances that caused you to not meet academic progress standards and how the situation has been resolved to the point that it should not reoccur. The application and documentation will be reviewed by the Financial Aid Director. Approval is not guaranteed. If approved, the student will be given an academic plan to maintain eligibility.

An Academic Suspension from the Dean’s Office overrides this eligibility criteria. Suspended students are ineligible for all financial aid.

Questions should be directed to the One Hop Shop.

New York State Aid (TAP Grant, SUSTA Grant, APTS Grant)

Students receiving financial aid are required to maintain minimum program pursuit and academic progress standards in order to continue to receive assistance. Use the chart below to determine your minimum requirements. Note: Eligibility for all EOP funds is determined separately by the EOP Office.

    • If you received TAP at another college, be sure to include that in the number of semesters you have received TAP.
    • To calculate the percentage of credits you have completed, divide total semester attempted credits by total earned credits.

Certificate/Associate Degree Programs
(Remedial Students*)

Semesters of TAP Received Earned Credit Hours Cumulative GPA Percentage of Credits Completed
1 3 0.50 50%/6 credits
2 9 0.75 50%/6 credits
3 18 1.30 75%/9 credits
4 30 2.00 75%/9 credits
5 45 2.00 100%/12 credits

* Remedial Students are EOP Students or any student required to take at least 2 remedial courses with the first two semesters.

Certificate/Associate Degree Programs
(Non-Remedial Students)

Semesters of TAP Received Earned Credit Hours Cumulative GPA Percentage of Credits Completed
1 6 1.30 50%/6 credits
2 15 1.50 50%/6 credits
3 27 1.80 75%/9 credits
4 39 2.00 75%/9 credits
5 51 2.00 100%/12 credits

Bachelor Degree Programs (Remedial Students*)

Semesters of TAP Received Earned Credit Hours Cumulative GPA Percentage of Credits Completed
1 3 1.10 50%/6 credits
2 9 1.20 50%/6 credits
3 21 1.30 75%/9 credits
4 33 2.00 75%/9 credits
5 45 2.00 100%/12 credits
6 60 2.00 100%/12 credits
7 75 2.00 100%/12 credits
8** 90 2.00 100%/12 credits
9** 105 2.00 100%/12 credits

* Remedial Students are EOP Students or any student required to take at least 2 remedial courses with the first two semesters.

Bachelor Degree Programs
(Non-Remedial Students)

Semesters of TAP Received Earned Credit Hours Cumulative GPA Percentage of Credits Completed
1 6 1.50 50%/6 credits
2 15 1.80 50%/6 credits
3 27 1.80 75%/9 credits
4 39 2.00 75%/9 credits
5 51 2.00 100%/12 credits
6 66 2.00 100%/12 credits
7 81 2.00 100%/12 credits
8 96 2.00 100%/12 credits
9 111 2.00 100%/12 credits

For Disabled Students as defined by ADA of 1990 (New as of 2015-16)
Certificate/Associate Degrees

Semesters of TAP Received Earned Credit Hours Cumulative GPA Percentage of Credits Completed
1 3 1.30 50%
2 9 1.50 50%
3 18 1.80 75%
4 30 2.00 75%
5 42 2.00 100%
6 51 2.00 100%
7 60 2.00 100%

Bachelor Degrees

Semesters of TAP Received Earned Credit Hours Cumulative GPA Percentage of Credits Completed
1 3 1.50 50%
2 9 1.80 50%
3 21 1.80 75%
4 33 2.00 75%
5 45 2.00 100%
6 60 2.00 100%
7 75 2.00 100%
8 90 2.00 100%
9 105 2.00 100%

50.2.1.3 Failure to Meet Minimum Standards

If a student fails to meet state academic progress requirements as outlined above at the end of the semester, they will lose eligibility for the next year they attend. Eligibility will be regained once they meet the above standards. Additionally, students who stop attending for more than one year may regain eligibility upon return for one semester (if over 4 prior semesters of TAP you must have a 2.0 overall GPA). Then you must meet academic progress criteria each subsequent semester.

    • If a student withdraws from college, they have not met academic progress requirements (automatic).
    • APTS recipients who fail to receive a 1.0 (D) in a semester will not be eligible for APTS the following semester, even if otherwise meeting progress requirements.

Waiver Requests

If failure to meet standards is due to extenuating circumstances beyond a student’s control, they may apply for a one-time waiver. All waiver applications must include documentation that shows the extenuating circumstances that caused you to not meet academic progress standards and how the situation has been resolved to the point that it should not reoccur. The application and documentation will be reviewed by the Financial Aid Director. Approval is not guaranteed. If approved, the student will be given an academic plan to maintain eligibility.

Important things to keep in mind

    • Grades of “W” count towards total attempted hours.
    • Remedial courses that are not credit-bearing will not count in the total earned hours.
    • Repeated courses that were previously passed do not count as additional passed or earned hours for the semester
    • Courses enrolled in each semester must be applicable to the students’ current degree program.
    • Repeating any course in which a passing grade has already been received (D or above) will not count toward full-time status, unless the College Catalog states a higher grade is required for the current curriculum.

An Academic Suspension from the Dean’s Office overrides this eligibility criteria. Suspended students are ineligible for all financial aid.

Questions should be directed to the One Hop Shop.

50.2.2 Financial Aid Processing

Application Process: The FAFSA will be available in October, for the next academic year and will use income information from the tax year two years prior. So for the 2024-2025 award year you will use 2022 income to complete the FAFSA. Everyone who will be providing information on the FAFSA will need an FSA ID to access the form.

Deadline: The preferred deadline for filing the FAFSA for the next academic year is January 1st and the priority deadline is March 1st. Certain Federal funds (College Work Study, and SEOG grants) are awarded on a first-come, first-served basis to eligible students who file by this deadline. Late filers must have their financial aid processed before their tuition bill is due for fall semester if they plan to use financial aid toward their bill.

The student’s FAFSA process is not complete until all requirements are finished. The student can track these requirements on their UCanWeb account. The FAFSA and NYS TAP applications are required to be completed prior to applying for the NYS Excelsior Scholarship. There will be specific deadlines for the Excelsior application for each semester.

Special Circumstances: If a student feels that they have a special circumstance that needs to be taken into consideration for financial aid eligibility, the Student Service Center may be able to recalculate their eligibility within Federal guidelines. To request a special circumstance review you must contact the Student Service Center and speak with a Financial Aid counselor to discuss your special circumstance and determine what documentation will be required based on your individual situation.

Applications for special circumstances consideration must be submitted and completed prior to the end of the student’s enrollment.

Study Abroad: Enrollment in a study-abroad program approved for credit by the student’s School Dean may be considered in determining eligibility for Federal student aid.

Drug Conviction: Students convicted of possession or sale of illegal drugs for an offense that occurred while they received federal financial aid will no longer be eligible for federal aid until certain conditions are met. Please refer to the Financial Aid webpage for details.

50.2.3 Excelsior Scholarship

General Eligibility Requirements

  • For 2019-20 and thereafter, family AGI must be less than $125,000
  • Students must be NYS residents
  • Students must have filed their FAFSA and NYS TAP applications
  • Students must be full time and on track for a degree (more info below in academic eligibility)
  • Must agree to NYS residency requirements for term of receiving scholarship

Initial Academic Eligibility

Freshmen

For this purpose a freshman is considered someone who has not ever been matriculated at a college prior to their enrollment at SUNY Canton. A freshman is eligible as long as they meet general eligibility requirements and other grants/scholarships do not exceed tuition.

Transfers

For this purpose a transfer is considered someone who has been matriculated at a prior college in the past. A transfer is eligible if they transfer in the appropriate number of credits to remain on track for graduation(for ex. After 1 year of enrollment must transfer at least 30 credits toward new degree).

Academic Requirements to Maintain Eligibility

Full Time Status

Students must enroll for a minimum of 12 credits that are applicable to their degree program each semester. Remedial credits are NOT counted in this 12 credit requirement. An exception to this rule is that students who meet ADA eligibility may enroll part time but must complete all coursework attempted or meet the 30-credits rule during the year.

Annual Credits completed

Students must successfully complete an average of 30 credits per year toward their degree program. Students can earn 32 credits their first year and 28 their second for example but it cannot be the other way around. As soon as a student is decertified for not meeting credit hours, they lose the Excelsior Scholarship forever. Summer and Winterterm courses can assist in completing the 30 credits. A student’s year begins when they first matriculate whether here or at their prior school if a transfer. See “Exceptions to Above Rules” for additional information.

Example – student is matriculated in the Fall 2019 term. They have the Fall 19, Winterterm 19, Spring 20 and Summer 20 term to complete the 30 credit requirement. However, it is important to note that if the student’s Excelsior year starts in the Fall semester, the following summer is part of their first year and not their second.

Note: Jumpstart students matriculate now in the Summer so their year begins with Summer and ends with the next Spring. 

Maintain on track to graduate

Students must be on track to graduate in their current degree program from their first date of matriculation.  If they are in a 2-year degree they must be on track to graduate in 2 years and the same for 4 year programs.  Certificate programs are not eligible for Excelsior Scholarships.  Changes of major can affect this greatly and students should discuss with their advisor. They must maintain being on track to graduate on time even if changing a major.

GPA Requirement

There is no GPA requirement for Excelsior. If the courses are acceptable to their program they are acceptable to Excelsior. Therefore we will be reporting completed credits when certifying awards and not GPA.

Breaks in Attendance

If there is a break in attendance the student automatically loses Excelsior and cannot regain eligibility due to not being on track to graduate any longer. If there are extenuating circumstances they can appeal this to Higher Education Services Corporation (HESC) in Albany.

Residency Requirement

They must live in NY state for the same length of time that they received the scholarship. 

Ex. If they only get for one semester they need to live in NY for 4 months which can be while still in school. 

Exceptions to Above Rules

EOP Students – need to enroll for 12 credits within their degree program but only need to complete average of 24 per year instead of 30. 

ADA Students - Can be part time or full time but must complete all courses enrolled for. If they do not complete all coursework they must meet the 30 credit annual requirement. These students must be registered as ADA with the Office of Accessibility Services to meet this.

40.8.0 Family Educational Rights and Privacy Act Of 1974 (FERPA)

Last Update:

The Family Educational Rights and Privacy Act permits current or former students to inspect and review their education records.  Students wishing to review their records should complete the request form available in the Registrar’s Office identifying the record(s) they want to inspect. The Registrar will make arrangements for access within 45 days of the request and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar, the student will be advised to whom the request should be addressed.

Students are also accorded a right to challenge the contents of their educational records to insure that the records are not inaccurate, misleading or in violation of rights to privacy or other rights. In order to request the College to amend a record that they believes is inaccurate or misleading, a student should complete the request form available in the Registrar’s Office, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

The Act also provides the right to withhold the release of personal information except as provided by law and College policy. SUNY Canton may disclose those items designated as directory information from a student’s education record unless directed otherwise by the student in writing. SUNY Canton has designated directory information to include: student’s full name, local address and telephone number, campus e-mail address, home address and home telephone number, date of birth, major field of study, dates of attendance, degrees and awards received, date(s) of graduation, participation in officially recognized sports and activities, and the most recent previous educational institution attended.

Students have the right to restrict the disclosure of the items designated as directory information. If students exercise this right, such information will not be released without their written consent except as provided by law and College policy. Non-directory information such as grades, GPA and student ID number are not released for any student, except directly to the student, without express written consent. Students wishing to restrict the release of the items identified as directory information must notify the Office of the Registrar in writing by the first Friday of the academic term in which the information is not to be disclosed. Such restriction will remain in effect unless rescinded in writing by the student. Students should be aware that restricting the release of directory information will prevent the College from providing enrollment and graduation information to prospective employers, insurance companies, and lenders without written authorization. It will also prevent inclusion in any news releases of the Deans’ List or other honors, as well as graduation lists for publication.

An exception permitting disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic, research or support staff position (including law enforcement unit and personal health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or college agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

A student may choose to waive their FERPA rights and allow academic information to be shared with persons of their choice by assigning a proxy(ies) in UCanWeb. This allows SUNY Canton to share academic information from the student’s educational records with the person(s) the student assigns as a proxy. The proxy must provide the student’s SUNY Canton ID and the correct password. This access is available through UCanWeb under the miscellaneous Student Requirements tab.

Inquiries or complaints may be filed with:

Family Educational Rights and Privacy Act Office
Department of Health, Education and Welfare,
400 Maryland Avenue,
S.W., Washington, D.C. 20202-4605.

Copies of the Family Educational Rights and Privacy Act are available at:

Office of Student Affairs
Miller Campus Center 229

and

Office of the Registrar
Miller Campus Center 012